Legislature(1995 - 1996)
1996-05-06 Senate Journal
Full Journal pdf1996-05-06 Senate Journal Page 4041 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday One Hundred Twentieth Day Pursuant to adjournment the Senate was called to order by President Pearce at 10:02 p.m. The roll showed fifteen members present. Senators Frank, Halford, Leman, Rieger, Taylor were absent. The prayer was offered by the Chaplain, Senator Sharp. Senator Zharoff moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, As we near the end of this session we ask Your guidance to do what is right for the people of Alaska. Help us to keep the lines of communication open, to facilitate cooperation and understanding. You have blessed us with this opportunity to work together and for that we give great thanks. Each of us shall soon return to our homes all over this state. We ask You to see us home safely. Thank You for the blessings of another beautiful day. Amen. Senator Sharp led the Senate in the pledge of allegiance. The presence of Senators Leman, Rieger, Taylor was noted. 4041 1996-05-06 Senate Journal Page 4042 MESSAGES FROM THE HOUSE SJR 5 Message of May 5 was read, stating the House passed and returned: CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO.5(RLS) Supporting an amendment to the Constitution of the United States establishing the rights of victims of crimes. The resolution was referred to the Secretary for enrollment. SB 201 Message of May 5 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 201(FIN) An Act relating to the employment of emergency fire-fighting personnel by the commissioner of natural resources. The bill was referred to the Secretary for enrollment. HB 59 Message of May 5 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 59(RES), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN) An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date. HB 359 Message of May 5 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 359(JUD) am, thus adopting: 1996-05-06 Senate Journal Page 4043 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. SB 230 Message of May 5 was read stating, the House has failed to recede from its amendments to CS FOR SENATE BILL NO. 230(FIN), namely: HOUSE CS FOR CS FOR SENATE BILL NO. 230(FIN) am H An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park. The Speaker has appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the bills: Representative James, Chair Representative Toohey Representative Long Senate members appointed May 5, 1996: Senator Pearce, Chair Senator Miller Senator Zharoff 1996-05-06 Senate Journal Page 4044 SJR 31 Message dated May 6 was received, stating the House respectfully requests the Senate return CS FOR SENATE JOINT RESOLUTION NO. 31(FIN) am H Proposing an amendment to the Constitution of the State of Alaska relating to voter approval of amendments of the Alaska Statehood Act affecting an interest of the State of Alaska under that Act. The resolution was returned to the House. SB 89 Message of May 6 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 89(FIN) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 89(FIN) An Act relating to the members of the board and staff of the Alaska Permanent Fund Corporation. Senator Miller, Acting Majority Leader, moved that the Senate concur in the House amendment. Senator Miller called the Senate. Senator Miller lifted the call. The presence of Senator Leman was noted. The question being: Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 89(FIN) am? The roll was taken with the following result: HCS CSSB 89(FIN) Shall the Senate concur in the House Amendment to CSSB 89(FIN) am? YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Absent: Frank, Halford 1996-05-06 Senate Journal Page 4045 SB 89 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 89(FIN) An Act relating to the members of the board and staff of the Alaska Permanent Fund Corporation. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 180 Message of May 6 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 180(FIN) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 180(FIN) An Act authorizing the commissioner of natural resources to negotiate and enter into timber sale contracts that provide for local manufacture of high value-added wood products; and establishing an Alaska Forest Products Research and Marketing Program within the Department of Commerce and Economic Development. Senator Miller, Acting Majority Leader, moved that the Senate concur in the House amendment. Senator Miller called the Senate. Senator Miller lifted the call. Senator Miller moved and asked unanimous consent that HOUSE CS FOR CS FOR SENATE BILL NO. 180(FIN) with the motion to concur pending, be held. Without objection, it was so ordered. President Pearce called the Senate. The call was satisfied. Senator Halford renewed the motion to concur. Senator Halford moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. 1996-05-06 Senate Journal Page 4046 SB 191 Message of May 6 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 191(FIN) with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 191(FIN) am H 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. Senator Halford moved that the Senate concur in the House amendments. The question being: Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 191 (FIN)? The roll was taken with the following result: HCS CSSB 191(FIN) am H Shall the Senate concur in the House Amendments to CSSB 191(FIN)? Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 191(FIN) am H 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. 1996-05-06 Senate Journal Page 4047 SB 191 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 180 Message of May 6 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 180(FIN) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 180(FIN) An Act authorizing the commissioner of natural resources to negotiate and enter into timber sale contracts that provide for local manufacture of high value-added wood products; and establishing an Alaska Forest Products Research and Marketing Program within the Department of Commerce and Economic Development. Senator Taylor 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. 180(FIN)? The roll was taken with the following result: HCS CSSB 180(FIN) Shall the Senate concur in the House Amendment to CSSB 180(FIN)? 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 1996-05-06 Senate Journal Page 4048 SB 180 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 180(FIN) An Act authorizing the commissioner of natural resources to negotiate and enter into timber sale contracts that provide for local manufacture of high value-added wood products; and establishing an Alaska Forest Products Research and Marketing Program within the Department of Commerce and Economic Development. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. STANDING COMMITTEE REPORTS HB 110 Fiscal note for CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am An Act relating to the confidentiality of certain information in motor vehicle records published today from Department of Public Safety. HB 220 The Finance Committee considered CS FOR HOUSE BILL NO. 220(L&C) An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem travel expenses of the council's board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 220(FIN) Signing do pass: Senators Frank, Halford, Cochairs, Senators Rieger, Phillips, Sharp, Donley. Signing no recommendation: Senator Zharoff. 1996-05-06 Senate Journal Page 4049 HB 220 Fiscal note for the Senate Committee Substitute published today from Department of Commerce and Economic Development. The bill was referred to the Rules Committee. HB 456 Correction to the Senate Journal (page 3703) Resources Committee Report dated April 29, 1996 for CS FOR HOUSE BILL NO. 456(L&C) An Act relating to the Board of Storage Tank Assistance; and providing for an effective date. Signing do pass: Senator Frank. Senator Green did not sign the report. HB 468 The Rules Committee returned 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 on May 2. The bill was held on the Secretary's Desk pending action. HB 526 The Finance Committee considered CS FOR HOUSE BILL NO. 526(FIN) am An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; providing an exemption from the procurement code for certain projects of the authority; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 526(FIN) Signing do pass: Senators Frank, Halford, Cochairs, Senators Rieger, Phillips, Zharoff, Sharp. Signing no recommendation: Senator Donley. 1996-05-06 Senate Journal Page 4050 HB 526 Zero fiscal note for the Senate Committee Substitute published today from Department of Commerce and Economic Development. The bill was referred to the Rules Committee. HB 529 Forthcoming fiscal notes for the Senate Committee Substitute for 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 published today from Department of Administration, Department of Health and Social Services, Department of Revenue. HB 548 The Finance Committee considered CS FOR HOUSE BILL NO. 548(WTR) An Act authorizing the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 548(FIN) Signing do pass: Senator Halford, Cochair, Senator Sharp. Signing no recommendation: Senator Frank, Cochair, Senators Rieger, Phillips, Donley, Zharoff. Previous House fiscal note and zero fiscal note apply to the Senate Committee Substitute. The bill was referred to the Rules Committee. 1996-05-06 Senate Journal Page 4051 SCR 31 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 31 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 269, relating to credits against certain state taxes. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Zero fiscal note published today from the Rules Committee. The resolution is on today's calendar. SCR 32 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 32 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 109, relating to telephone solicitations, advertisements, and directory listings. Signing to calendar: Senator Miller, Chair, Senators Sharp, Pearce. Signing no recommendation: Senators Salo, Duncan. The resolution is on today's calendar. SCR 34 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 34 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. Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo. Signing no recommendation: Senators Duncan, Sharp. Zero fiscal note published today from the Rules Committee. The resolution is on today's calendar. HJR 1 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 1 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. Signing to calendar: Senator Miller, Chair, Senator Sharp. Signing to calendar and do pass: Senator Pearce. Signing no recommendation: Senators Duncan, Salo. The resolution is on today's calendar. 1996-05-06 Senate Journal Page 4052 HJR 47 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 47(STA) Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program. Signing to calendar: Senator Miller, Chair, Senators Duncan, Pearce, Sharp, Salo. The resolution is on today's calendar. HB 30 The Rules Committee considered HOUSE BILL NO. 30 An Act relating to a dress code for public schools. Signing to calendar: Senator Miller, Chair, Senators Duncan, Pearce, Sharp, Salo. The bill is on today's calendar. HB 60 The Rules Committee considered CS FOR HOUSE BILL NO. 60(HES) An Act relating to impairment rating guides used in evaluation of certain workers' compensation claims. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The bill is on today's calendar. HB 90 The Rules Committee considered HOUSE BILL NO. 90 am An Act changing the date that the legislature convenes in the years following a gubernatorial election; changing the date that the term of a member of the legislature begins in the years following a gubernatorial election. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The bill is on today's calendar. HB 109 The Rules Committee considered CS FOR HOUSE BILL NO. 109(JUD) An Act relating to telephone solicitations, advertisements, and directory listings. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Salo. The bill is on today's calendar. 1996-05-06 Senate Journal Page 4053 HB 110 The Rules Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am An Act relating to the confidentiality of certain information in motor vehicle records. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. Signing no recommendation: Senator Duncan. The bill is on today's calendar. HB 249 The Rules Committee considered CS FOR HOUSE BILL NO. 249(L&C) An Act authorizing the McGrath Ice Classic. Signing to calendar: Senator Miller, Chair, Senators Duncan, Pearce, Salo. The bill is on today's calendar. HB 269 The Rules Committee considered CS FOR HOUSE BILL NO. 269(FIN) An Act relating to credits against certain taxes for contributions to certain public educational radio and television networks and stations and to endowments for public educational radio and television networks and stations, increasing the amounts that may be claimed as credits against certain state taxes, and precluding claims of the contributions as both credits and deductions against the taxes; amending the manner of computing refunds to local governments of the fisheries business tax and the fishery resource landing tax; establishing credits against the fishery resource landing tax; and terminating the public educational radio and television credits authorized by this Act at the end of five years; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing do not pass: Senator Sharp. The bill is on today's calendar. HB 295 The Rules Committee considered CS FOR HOUSE BILL NO. 295(2d JUD) An Act relating to forfeitures of property; and relating to the custody and disposition of property in the custody of municipal law enforcement agencies. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Salo. The bill is on today's calendar. 1996-05-06 Senate Journal Page 4054 HB 312 The Rules 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 to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The bill is on today's calendar. HB 329 The Rules Committee considered HOUSE BILL NO. 329 am An Act providing for restitution to the state for the unlawful taking of game. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The bill is on today's calendar. HB 372 The Rules 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. Signing to calendar: Senator Miller, Chair. Signing no recommendation: Senators Duncan, Pearce, Salo. Signing do not pass: Senator Sharp. The bill is on today's calendar. HB 401 The Rules 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 to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. 1996-05-06 Senate Journal Page 4055 HB 401 The bill is on today's calendar. HB 411 The Rules Committee considered HOUSE BILL NO. 411 An Act naming Mountain View Road in Gustavus. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The bill is on today's calendar. HB 433 The Rules 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 to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The bill is on today's calendar. HB 434 The Rules Committee considered CS FOR HOUSE BILL NO. 434(L&C) An Act relating to unclaimed property; 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 450 The Rules Committee considered CS FOR HOUSE BILL NO. 450(FIN) An Act relating to trademarks; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo. Signing under other recommendations: Senator Duncan. The bill is on today's calendar. HB 498 The Rules Committee considered HOUSE BILL NO. 498 An Act naming the Bette Cato Bridge in Valdez. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan. The bill is on today's calendar. 1996-05-06 Senate Journal Page 4056 HB 528 The Rules Committee considered CS FOR HOUSE BILL NO. 528(FIN) An Act relating to applications for certificates of need and licensing of nursing homes; establishing a moratorium with respect to acceptance of new applications for a certificate of need or for a license for additional nursing home capacity in the state until May 1, 1998; establishing a working group to study and issue a report about long-term care; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 528(RLS) Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Salo. Previous House zero fiscal note applies to the Senate Committee Substitute. The bill is on today's calendar. HB 529 The Rules 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. Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo. Signing no recommendation: Senators Duncan, Sharp. The bill is on today's calendar. HB 540 The Rules Committee considered HOUSE BILL NO. 540 am An Act relating to health care data and registration of births. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan. The bill is on today's calendar. 1996-05-06 Senate Journal Page 4057 HB 4 The Finance Committee considered 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 and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 4(FIN), entitled: An Act relating to absences from the state for the purposes of permanent fund dividend eligibility; relating to the following allowable absences: receiving secondary or postsecondary education on a full-time basis, receiving vocational, professional, or other specific education on a full-time basis for which a comparable program is not reasonably available in the state, serving on active duty as a member of the military of the United States, receiving certain medical treatment, accompanying a minor who is receiving certain medical treatment, providing care for a parent, spouse, sibling, child, or stepchild with a life-threatening illness who is being treated at a medical specialty complex outside the state, providing care for a terminally ill parent, spouse, sibling, child, or stepchild, settling the estate of a deceased parent, spouse, sibling, child, or stepchild, serving as a member of the Congress, serving on the staff of a member of the Congress from this state, serving in the Peace Corps, serving as an employee of the state, actively participating on a United States national athletic team, accompanying another eligible resident as the spouse, minor dependent, or disabled dependent of the eligible resident, and for any reason consistent with the individual's intent to remain a resident; requiring, for the purposes of permanent 1996-05-06 Senate Journal Page 4058 HB 4 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, 1994, 1995, and 1996 permanent fund dividends of certain spouses and dependents of eligible applicants; and providing for an effective date. (title change authorized by SCR 36) Signing do pass: Senator Halford, Cochair. Signing no recommendation: Senators Rieger, Zharoff, Sharp, Donley. Fiscal note for the Senate Committee Substitute published today from Department of Revenue. The bill was referred to the Rules Committee. HB 482 The Finance Committee considered CS FOR HOUSE BILL NO. 482(FIN) am An Act relating to lobbying contracts of state-related entities and involving lobbying contracts of state-related entities and state procurement practices and procedures; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 482(FIN) Signing do pass: Senator Halford, Cochair, Senators Phillips, Sharp. Signing no recommendation: Senators Rieger, Donley, Zharoff. Previous fiscal note and zero fiscal notes apply to the Senate Committee Substitute. The bill was referred to the Rules Committee. 1996-05-06 Senate Journal Page 4059 HB 2 The Rules 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. Signing to calendar: Senator Miller, Chair, Senators Sharp, Pearce, Salo. The bill is on today's calendar. HB 4 The Rules Committee considered 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. Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo. The bill is on today's calendar. 1996-05-06 Senate Journal Page 4060 HB 63 The Rules Committee considered SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63 An Act relating to special request licenses depicting the sport of dog mushing. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing under other recommendations: Senator Salo. The bill is on today's calendar. HB 136 The Rules Committee considered CS FOR HOUSE BILL NO. 136(FIN) am(efd fld) 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. Signing to calendar and do pass: Senator Miller, Chair, Senator Pearce. Signing no recommendation: Senator Sharp. Signing under other recommendations: Senator Salo. Previous House fiscal note. The bill is on today's calendar. HB 202 The Rules 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. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. HB 204 The Rules 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, 1996-05-06 Senate Journal Page 4061 HB 204 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 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. Signing to calendar: Senator Miller, Chair, Senators Sharp, Pearce. Signing under other recommendations: Senator Salo. The bill is on today's calendar. HB 211 The Rules Committee considered CS FOR HOUSE BILL NO. 211(FIN) An Act relating to voter registration and to state election administration. Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo. Signing to calendar and do pass: Senator Sharp. The bill is on today's calendar. HB 220 The Rules Committee considered CS FOR HOUSE BILL NO. 220(L&C) An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem travel expenses of the council's board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Sharp, Salo. The bill is on today's calendar. 1996-05-06 Senate Journal Page 4062 HB 284 The Rules Committee considered CS FOR HOUSE BILL NO. 284(FIN) An Act relating to the Alaska Commercial Fishing and Agriculture Bank. Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo. Signing no recommendation: Senator Sharp. The bill is on today's calendar. HB 314 The Rules Committee considered CS FOR HOUSE BILL NO. 314(JUD) am An Act relating to domestic violence and to crime victims and witnesses; and amending Rule 613, Alaska Rules of Evidence. Signing to calendar: Senator Miller, Chair, Senator Salo. Signing no recommendation: Senator Sharp. The bill is on today's calendar. HB 342 The Rules Committee considered CS FOR HOUSE BILL NO. 342(RES) am An Act relating to water quality. Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo. Signing to calendar and do pass: Senator Sharp. The bill is on today's calendar. HB 354 The Rules Committee considered CS FOR HOUSE BILL NO. 354(FIN)(title am) An Act relating to a retirement incentive program for certain employees of school districts under the teachers' retirement system and under the public employees' retirement system; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo. Signing no recommendation: Senator Sharp. The bill is on today's calendar. 1996-05-06 Senate Journal Page 4063 HB 361 The Rules Committee considered HOUSE BILL NO. 361 An Act relating to municipal capital project matching grants for a municipality organized under federal law as an Indian reserve; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Sharp, Pearce. Signing under other recommendations: Senator Salo. The bill is on today's calendar. HB 405 The Rules Committee considered CS FOR HOUSE BILL NO. 405(STA) am An Act relating to the Board of Examiners in Optometry; relating to licensure of dispensing opticians; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 405(RLS), entitled: An Act relating to the Board of Examiners in Optometry; and providing for an effective date. (title change authorized by SCR 35) Signing do pass: Senator Miller, Chair, Senators Pearce, Salo. Signing no recommendation: Senator Sharp. Previous House fiscal note applies to the Senate Committee Substitute. The bill is on today's calendar. HB 456 The Rules Committee considered CS FOR HOUSE BILL NO. 456(L&C) An Act relating to the Board of Storage Tank Assistance; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing to calendar and do pass: Senator Sharp. Signing under other recommendations: Senator Salo. The bill is on today's calendar. 1996-05-06 Senate Journal Page 4064 HB 482 The Rules Committee considered CS FOR HOUSE BILL NO. 482(FIN) am An Act relating to lobbying contracts of state-related entities and involving lobbying contracts of state-related entities and state procurement practices and procedures; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing under other recommendations: Senator Salo. The bill is on today's calendar. HB 517 The Rules 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. Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing to calendar and do pass: Senator Sharp. Signing under other recommendations: Senator Salo. The bill is on today's calendar. HB 526 The Rules Committee considered CS FOR HOUSE BILL NO. 526(FIN) am An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; providing an exemption from the procurement code for certain projects of the authority; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Sharp, Pearce, Salo. 1996-05-06 Senate Journal Page 4065 HB 526 The bill is on today's calendar. HB 548 The Rules Committee considered CS FOR HOUSE BILL NO. 548(WTR) An Act authorizing the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo. Signing no recommendation: Senator Sharp. The bill is on today's calendar. SPECIAL COMMITTEE REPORTS SB 230 May 6, 1996 Madam President: Madam Speaker: The Conference Committee considering HOUSE CS FOR CS FOR SENATE BILL NO. 230 (FIN) am H and CS FOR SENATE BILL NO. 230(FIN) An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park respectfully requests limited powers of free conference on the following specific point: Designation of incompatible uses within Denali State Park in Section 4 of the bill. Signing the report: Senator Zharoff, Representative James, Chair, Representatives Toohey, Long. President Pearce granted the Senate members limited powers of free conference as requested. 1996-05-06 Senate Journal Page 4066 SB 230 The Secretary was requested to notify the House. SB 6 The following report was received and distributed at 2:30 p.m., May 6, 1996. May 1, 1996 Madam President: Madam Speaker: The SECOND FREE CONFERENCE COMMITTEE with limited powers of free conference considered HOUSE CS FOR SENATE BILL NO. 6(CRA) and SENATE BILL NO. 6 am and recommends 2d FREE CONFERENCE CS FOR SENATE BILL NO. 6 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. be adopted. Signing the report: Senator Kelly, Chair, Senators Frank, Salo, Representative Austerman, Chair, Representatives Therriault, Long. Senator Taylor moved that the Senate adopt the Conference Committee Report on 2d FREE CONFERENCE CS FOR SENATE BILL NO. 6. The question being: Shall 2d FREE CONFERENCE CS FOR SENATE BILL NO. 6 pass the Senate? The roll was taken with the following result: 1996-05-06 Senate Journal Page 4067 SB 6 2d FCCS SB 6 Shall the Senate adopt the Conference Committee Report, thus adopting 2d FCCS SB 6? YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Green, Halford and so, the Senate passed 2d FREE CONFERENCE CS FOR SENATE BILL NO. 6 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. The Secretary was requested to notify the House. RECONSIDERATION OF HOUSE BILLS HB 478 Senator Kelly requested that the reconsideration on SENATE CS FOR HOUSE BILL NO. 478(L&C) 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 taken up. SENATE CS FOR HOUSE BILL NO. 478(L&C) was before the Senate on reconsideration. Senators Donley, Taylor, Phillips, Kelly moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senators Donley, Taylor, Phillips, Kelly were required to vote. 1996-05-06 Senate Journal Page 4068 HB 478 The question to be reconsidered: Shall SENATE CS FOR HOUSE BILL NO. 478(L&C) 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 pass the Senate? The roll was taken with the following result: SCS HB 478(L&C) Third Reading - On Reconsideration Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Torgerson, Zharoff Nays: Sharp, Taylor and so, SENATE CS FOR HOUSE BILL NO. 478(L&C) 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. HB 412 The following report was received and distributed on May 6, 1996. May 6, 1996 Madam President: Madam Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR HOUSE BILL NO. 412(FIN) am(brf pfld) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making an appropriation under art. IX, sec. 17(c), 1996-05-06 Senate Journal Page 4069 HB 412 Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date and SENATE CS FOR CS FOR HOUSE BILL NO. 412(FIN) am S(brf fld) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date and recommends CONFERENCE CS FOR HOUSE BILL NO. 412 An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. be adopted. Signing the report: Senator Frank, Chair, Senators Halford, Zharoff, Representative Hanley, Chair, Representatives Foster, Grussendorf. The report was held on the Secretary's Desk. HB 413 The following report was received and distributed on May 6, 1996. May 6, 1996 Madam President: Madam Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR HOUSE BILL NO. 413(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 413(FIN) and recommends CONFERENCE CS FOR HOUSE BILL NO. 413 An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date. be adopted. 1996-05-06 Senate Journal Page 4070 HB 413 Signing the report: Senator Frank, Chair, Senators Halford, Zharoff, Representative Hanley, Chair, Representatives Foster, Grussendorf. The report was held on the Secretary's Desk. SB 230 The following report was received and distributed at 2:25 p.m., May 6, 1996. May 6, 1996 Madam President: Madam Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR SENATE BILL NO. 230(FIN) and HOUSE CS FOR CS FOR SENATE BILL NO. 230(FIN) am H and recommends CONFERENCE CS FOR SENATE BILL NO. 230 An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park. be adopted. Signing the report: Senator Pearce, Chair, Senator Zharoff, Representative James, Chair, Representatives Toohey, Long. Senator Halford moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 230. 1996-05-06 Senate Journal Page 4071 SB 230 The question being: Shall CONFERENCE CS FOR SENATE BILL NO. 230 pass the Senate? The roll was taken with the following result: CCS SB 230 Shall the Senate adopt the Conference Committee Report, thus adopting CCS SB 230? YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Adams, Duncan, Ellis, Rieger Lincoln changed from "Nay" to "Yea". and so, the Senate passed CONFERENCE CS FOR SENATE BILL NO. 230 An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park. The Secretary was requested to notify the House. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 35 SENATE CONCURRENT RESOLUTION NO. 35 BY THE SENATE RULES COMMITTEE, 1996-05-06 Senate Journal Page 4072 SCR 35 SENATE CONCURRENT RESOLUTION NO. 35 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 405, relating to optometrists and dispensing opticians. was read the first time. Zero fiscal note published today from the Rules Committee. SENATE CONCURRENT RESOLUTION NO. 35 was held on the Secretary's Desk. CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 312 Senator Halford moved and asked unanimous consent that 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 be taken up. Without objection, the bill 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. 312(RES) am was read the third time. The question being: Shall 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 pass the Senate? The roll was taken with the following result: 1996-05-06 Senate Journal Page 4073 HB 312 CSHB 312(RES) 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 HOUSE BILL NO. 312(RES) am passed the Senate. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 314 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 314(JUD) am An Act relating to domestic violence and to crime victims and witnesses; and amending Rule 613, Alaska Rules of Evidence be taken up. Without objection, the bill was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3980. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) An Act relating to domestic violence and to crime victims and witnesses; amending Rules 3, 4, 65, and 100, Alaska Rules of Civil Procedure, Rules 505 and 613, Alaska Rules of Evidence, and Rule 9, Alaska Rules of Administration; 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. SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) was read the third time. 1996-05-06 Senate Journal Page 4074 HB 314 Senator Halford moved and asked unanimous consent that President Pearce be shown as a cross sponsor on the bill. Without objection, it was so ordered. Senators Salo, Ellis, Lincoln, Zharoff, Taylor, Torgerson, Kelly, Duncan 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 SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) An Act relating to domestic violence and to crime victims and witnesses; amending Rules 3, 4, 65, and 100, Alaska Rules of Civil Procedure, Rules 505 and 613, Alaska Rules of Evidence, and Rule 9, Alaska Rules of Administration; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 314(FIN) Third Reading - Final Passage Effective Dates Court Rule Changes 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, SENATE CS FOR CS FOR HOUSE BILL NO. 314 (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 clauses. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered. 1996-05-06 Senate Journal Page 4075 RECONSIDERATION OF HOUSE BILLS HB 314 Senator Halford gave notice of reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) was before the Senate in third reading on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) An Act relating to domestic violence and to crime victims and witnesses; amending Rules 3, 4, 65, and 100, Alaska Rules of Civil Procedure, Rules 505 and 613, Alaska Rules of Evidence, and Rule 9, Alaska Rules of Administration; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 314(FIN) Third Reading - On Reconsideration Effective Dates Court Rule Changes 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, SENATE CS FOR CS FOR HOUSE BILL NO. 314 (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 clauses. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule Changes. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. 1996-05-06 Senate Journal Page 4076 HB 401 Senator Halford moved and asked unanimous consent that 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 be taken up. Without objection, the bill 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. 401(RES) was read the third time. The question being: Shall 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 pass the Senate? The roll was taken with the following result: CSHB 401(RES) Third Reading - Final Passage Court Rule Change YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Rieger and so, CS FOR HOUSE BILL NO. 401(RES) passed the Senate. 1996-05-06 Senate Journal Page 4077 HB 401 Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule Change. Without objection, it was so ordered. President Pearce gave notice of reconsideration. HB 202 Senator Halford moved and asked unanimous consent that 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 be taken up. Without objection, the bill was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3969. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 202(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. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 202(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 202(FIN) 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 pass the Senate? The roll was taken with the following result: 1996-05-06 Senate Journal Page 4078 HB 202 SCS CSHB 202(FIN) Third Reading - Final Passage Effective Date Court Rule Changes 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, SENATE CS FOR CS FOR HOUSE BILL NO. 202(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. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule Changes. Without objection, it was so ordered. President Pearce gave notice of reconsideration. HB 204 Senator Halford moved and asked unanimous consent that 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 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 1996-05-06 Senate Journal Page 4079 HB 204 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 be taken up. Without objection, the bill was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3969. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 204(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. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 204(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 204(FIN) 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 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 1996-05-06 Senate Journal Page 4080 HB 204 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 pass the Senate? The roll was taken with the following result: SCS CSHB 204(FIN) Third Reading - Final Passage Effective Date Court Rule Changes 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, SENATE CS FOR CS FOR HOUSE BILL NO. 204(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. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule Changes. Without objection, it was so ordered. President Pearce gave notice of reconsideration. HB 136 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 136(FIN) am(efd fld) 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 be taken up. Without objection, the bill 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. 1996-05-06 Senate Journal Page 4081 HB 136 CS FOR HOUSE BILL NO. 136(FIN) am(efd fld) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 136(FIN) am(efd fld) 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 pass the Senate? The roll was taken with the following result: CSHB 136(FIN) am(efd fld) Third Reading - Final Passage YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Frank, Green, Hoffman, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Halford, Kelly, Lincoln, Salo, Zharoff and so, CS FOR HOUSE BILL NO. 136(FIN) am (efd fld) passed the Senate. Senator Salo gave notice of reconsideration. HB 211 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 211(FIN) An Act relating to voter registration and to state election administration be taken up. Without objection, the bill was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3945. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 211(FIN) An Act relating to voter registration and to state election administration; and providing for an effective date was adopted and read the second time. Senator Ellis offered Amendment No. 1 : Page 15, line 4, after "count,": Insert "(1)" 1996-05-06 Senate Journal Page 4082 HB 211 Page 15, line 7, after "computer": Insert "; (2) to ensure the accuracy of the computer tabulation, the division shall allow any person at a computer tabulation center to place a card reader within the counting area; the person may request that the ballots from a precinct that have been previously counted be placed in the card reader for the purpose of recounting at any time during the actual tabulation; however, under the authority of this paragraph, a person may not request that more than 15 percent of the precinct's ballots be recounted" Senator Ellis moved for the adoption of Amendment No. 1. Senator Halford objected. Senator Ellis moved and asked unanimous consent to withdraw Amendment No. 1. Without objection, Amendment No. 1 was withdrawn. 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. 211(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 211(FIN) An Act relating to voter registration and to state election administration; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 211(FIN) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Adams, Duncan, Taylor 1996-05-06 Senate Journal Page 4083 HB 211 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 211(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. Senator Duncan gave notice of reconsideration. HB 284 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 284(FIN) An Act relating to the Alaska Commercial Fishing and Agriculture Bank be taken up. Without objection, the bill was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3911. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 284(FIN) was adopted and read the second time. Amendment No. 1 was not offered. Amendment No. 2 was not offered. Senators Halford, Zharoff offered Amendment No. 3 : Page 11, lines 15 - 16: Delete all material and insert: "(5) the payment of obligations whose status places the permit of a borrower in jeopardy of sale as a result of United States Internal Revenue Service enforcement action;" Senator Halford moved for the adoption of Amendment No. 3. Senator Kelly objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: 1996-05-06 Senate Journal Page 4084 HB 284 SCS CSHB 284(FIN) Second Reading Amendment No. 3 YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Hoffman, Leman, Lincoln, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Frank, Green, Kelly, Pearce, Salo and so, 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. Senator Rieger moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Rieger was required to vote. SENATE CS FOR CS FOR HOUSE BILL NO. 284(FIN) am S was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 284(FIN) am S An Act relating to the Alaska Commercial Fishing and Agriculture Bank pass the Senate? The roll was taken with the following result: SCS CSHB 284(FIN) am S Third Reading - Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Green 1996-05-06 Senate Journal Page 4085 HB 284 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 284(FIN) am S passed the Senate and was referred to the Secretary for engrossment. President Pearce lifted the call. HB 433 Senator Miller, Acting Majority Leader, moved that 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 be taken up. Without objection, the bill was read the second time. Senator Miller, Acting Majority Leader, 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. 433(JUD) am was read the third time. The question being: Shall 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 pass the Senate? The roll was taken with the following result: CSHB 433(JUD) am Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Absent: Halford and so, CS FOR HOUSE BILL NO. 433(JUD) am passed the Senate. President Pearce gave notice of reconsideration. 1996-05-06 Senate Journal Page 4086 HB 434 Senator Miller, Acting Majority Leader, moved that CS FOR HOUSE BILL NO. 434(L&C) An Act relating to unclaimed property; and providing for an effective date be taken up. Without objection, the bill was read the second time. Senator Miller, Acting Majority Leader, 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. 434(L&C) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 434(L&C) An Act relating to unclaimed property; and providing for an effective date pass the Senate? The roll was taken with the following result: CSHB 434(L&C) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Absent: Halford and so, CS FOR HOUSE BILL NO. 434(L&C) passed the Senate. Senator Miller, Acting Majority Leader, 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. 1996-05-06 Senate Journal Page 4087 HB 220 Senator Miller, Acting Majority Leader, moved that CS FOR HOUSE BILL NO. 220(L&C) An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem travel expenses of the council's board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date be taken up. Without objection, the bill which had been referred to the Finance Committee (page 1236) was before the Senate in second reading. Senator Frank moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4048. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 220(FIN) An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem and travel expenses of the council's board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date was adopted and read the second time. Senator Kelly offered Amendment No. 1 : Page 5, line 5: Delete 1997 Insert 2000 Senator Kelly moved for the adoption of Amendment No. 1. Senator Rieger objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1996-05-06 Senate Journal Page 4088 HB 220 SCS CSHB 220(FIN) Second Reading Amendment No. 1 YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Kelly, Lincoln, Miller, Pearce, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Hoffman, Leman, R.Phillips, Rieger Absent: Halford and so, Amendment No. 1 was adopted. Senator Miller, Acting Majority Leader, 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. Senator Frank moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Frank was required to vote. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 220(FIN) am S An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem and travel expenses of the council's board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date pass the Senate? The roll was taken with the following result: 1996-05-06 Senate Journal Page 4089 HB 220 SCS CSHB 220(FIN) am S Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Hoffman, Kelly, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Leman, R.Phillips Absent: Halford and so, SENATE CS FOR CS FOR HOUSE BILL NO. 220(FIN) am S passed the Senate. Senator Miller, Acting Majority Leader, 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 Halford gave notice of reconsideration. HB 450 Senator Miller, Acting Majority Leader, moved that CS FOR HOUSE BILL NO. 450(FIN) An Act relating to trademarks; and providing for an effective date be taken up. Without objection, the bill was read the second time. Senator Miller, Acting Majority Leader, 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. 450(FIN) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 450(FIN) An Act relating to trademarks; and providing for an effective date pass the Senate? The roll was taken with the following result: 1996-05-06 Senate Journal Page 4090 HB 450 CSHB 450(FIN) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Absent: Halford and so, CS FOR HOUSE BILL NO. 450(FIN) passed the Senate. Senator Miller, Acting Majority Leader, 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. HB 482 Senator Miller, Acting Majority Leader, moved and asked unanimous consent that CS FOR HOUSE BILL NO. 482(FIN) am An Act relating to lobbying contracts of state-related entities and involving lobbying contracts of state-related entities and state procurement practices and procedures; and providing for an effective date be taken up. Without objection, the bill was read the second time. Senator Rieger moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4058. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 482(FIN) was adopted and read the second time. Senator Miller, Acting Majority Leader, 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. 482(FIN) was read the third time. 1996-05-06 Senate Journal Page 4091 HB 482 The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 482(FIN) An Act relating to lobbying contracts of state- related entities and involving lobbying contracts of state-related entities and state procurement practices and procedures; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 482(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Duncan, Ellis, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Adams Absent: Halford and so, SENATE CS FOR CS FOR HOUSE BILL NO. 482(FIN) passed the Senate. Senator Miller, Acting Majority Leader, 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 Donley gave notice of reconsideration. HB 528 Senator Miller, Acting Majority Leader, moved and asked unanimous consent that CS FOR HOUSE BILL NO. 528(FIN) An Act relating to applications for certificates of need and licensing of nursing homes; establishing a moratorium with respect to acceptance of new applications for a certificate of need or for a license for additional nursing home capacity in the state until May 1, 1998; establishing a working group to study and issue a report about long-term care; and providing for an effective date be taken up. Senator Miller moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. 1996-05-06 Senate Journal Page 4092 HB 526 Senator Miller, Acting Majority Leader, moved and asked unanimous consent that CS FOR HOUSE BILL NO. 526(FIN) am An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; providing an exemption from the procurement code for certain projects of the authority; and providing for an effective date be taken up. Without objection, the bill was read the second time. Senator Rieger moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4049. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 526(FIN) was adopted and read the second time. Senator Pearce called the Senate. Senator Pearce lifted the call. Senator Torgerson offered Amendment No. 1 : Page 8, after line 1: Insert Sec. 18. Section 2(a), ch. 27, SLA 1993 is amended to read: Sec. 2. (a) The Alaska Industrial Development and Export Authority may issue bonds to finance the acquisition, design, and construction of a port facility and related loading and conveyor equipment related to the development and operation of a bulk commodity loading and shipping terminal. The terminal may be located anywhere within Cook Inlet. The facility will be [DIRECT REDUCTION IRON ORE PROCESSING FACILITY FOR USE BY THE MIDREX CORPORATION, TO BE LOCATED AT POINT MACKENZIE ANDß owned by the authority. The principal amount of the bonds may not exceed $50,000,000. Senator Torgerson 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. Without objection, it was so ordered. 1996-05-06 Senate Journal Page 4093 HB 526 SENATE CS FOR CS FOR HOUSE BILL NO. 526(FIN) am S was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 526(FIN) am S An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; providing an exemption from the procurement code for certain projects of the authority; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 526(FIN) am S 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, SENATE CS FOR CS FOR HOUSE BILL NO. 526(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 and the bill was referred to the Secretary for engrossment. HB 528 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 528(FIN) An Act relating to applications for certificates of need and licensing of nursing homes; establishing a moratorium with respect to acceptance of new applications for a certificate of need or for a license for additional nursing home capacity in the state until May 1, 1998; establishing a working group to study and issue a report about long-term care; and providing for an effective date be taken up. Without objection, the bill was read the second time. 1996-05-06 Senate Journal Page 4094 HB 528 Senator Miller moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 4056. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 528(RLS) was adopted and read the second time. FIRST READING OF SENATE RESOLUTIONS SCR 37 SENATE CONCURRENT RESOLUTION NO. 37 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. 528, relating to certificates of need. was read the first time. Zero fiscal note published today from the Rules Committee. Senator Halford moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 37 be taken up. Without objection, the resolution was read the second time and was before the Senate on final passage. President Pearce called the Senate. The call was satisfied. The question being: Shall 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. 528, relating to certificates of need, pass the Senate? The roll was taken with the following result: SCR 37 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. 37 failed. 1996-05-06 Senate Journal Page 4095 HOUSE BILLS IN SECOND READING CONTINUED HB 528 Senator Halford moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 528(RLS) 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. 528(RLS) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 528(RLS) An Act relating to applications for certificates of need and licensing of nursing homes; establishing a moratorium with respect to acceptance of new applications for a certificate of need or for a license for additional nursing home capacity in the state until May 1, 1998; establishing a working group to study and issue a report about long-term care; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 528(RLS) Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Zharoff Nays: Green, Halford, Taylor, Torgerson and so, SENATE CS FOR CS FOR HOUSE BILL NO. 528(RLS) 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. 1996-05-06 Senate Journal Page 4096 HB 548 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 548(WTR) An Act authorizing the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date be taken up. Without objection, the bill was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4050. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 548(FIN) was adopted and read the second time. Senator Lincoln offered Amendment No. 1 : Page 5, line 3 and 4: Delete all material Insert: (1) has held an Alaska business license for one year before performing any work in connection with the Northstar leases; and (2) has maintained for one year a place of business within the state that deals in the supplies, services or construction of the nature required for the project before performing any work in connection with the Northstar leases; and Senator Lincoln moved and asked unanimous consent for the adoption of Amendment No. 1. Senator Kelly objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SCS CSHB 548(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Hoffman, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Green, Kelly, Taylor and so, Amendment No. 1 was adopted. 1996-05-06 Senate Journal Page 4097 HB 548 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. 548(FIN) am S was read the third time. Senator Halford moved and asked unanimous consent that President Pearce be allowed to abstain from voting due to a conflict of interest. Objections were heard and President Pearce was required to vote. Senator Lincoln moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Lincoln was required to vote. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 548(FIN) am S An Act authorizing the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 548(FIN) am S Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis, Frank and so, SENATE CS FOR CS FOR HOUSE BILL NO. 548(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 and the bill was referred to the Secretary for engrossment. 1996-05-06 Senate Journal Page 4098 HB 4 Senator Halford moved and asked unanimous consent that 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 be taken up. Without objection, the bill was read the second time. FIRST READING OF SENATE RESOLUTIONS SCR 36 SENATE CONCURRENT RESOLUTION NO. 36 BY THE SENATE FINANCE COMMITTEE, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 4, relating to the permanent fund dividend program. was read the first time. Zero fiscal note published today from the Rules Committee. Senator Halford moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 36 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 4, relating to the permanent fund dividend program be taken up. Without objection, the resolution was read the second time. Senator Halford moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. 1996-05-06 Senate Journal Page 4099 SECOND READING OF HOUSE BILLS CONTINUED HB 4 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 4(STA)(title am) be held in second reading to the May 7 calendar. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the remainder of today's calendar be held to May 7. Without objection, it was so ordered. HB 191 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 was held to the May 7 calendar. SCR 31 SENATE CONCURRENT RESOLUTION NO. 31 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 269, relating to credits against certain state taxes, was held to the May 7 calendar. HB 269 CS FOR HOUSE BILL NO. 269(FIN) An Act relating to credits against certain taxes for contributions to certain public educational radio and television networks and stations and to endowments for public educational radio and television networks and stations, increasing the amounts that may be claimed as credits against certain state taxes, and precluding claims of the contributions as both credits and deductions against the taxes; amending the manner of computing refunds to local governments of the fisheries business tax and the fishery resource landing tax; establishing credits against the fishery resource landing tax; and terminating the public educational radio and television credits authorized by this Act at the end of five years; and providing for an effective date was held to the May 7 calendar. 1996-05-06 Senate Journal Page 4100 HB 366 CS FOR HOUSE BILL NO. 366(FIN) An Act relating to marine safety training and education programs was held to the May 7 calendar. SCR 34 SENATE CONCURRENT RESOLUTION NO. 34 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 held to the May 7 calendar. HB 372 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 was held to the May 7 calendar. HB 405 CS FOR HOUSE BILL NO. 405(STA) am An Act relating to the Board of Examiners in Optometry; relating to licensure of dispensing opticians; and providing for an effective date was held to the May 7 calendar. HB 517 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 was held to the May 7 calendar. 1996-05-06 Senate Journal Page 4101 HB 2 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 was held to the May 7 calendar. HB 30 HOUSE BILL NO. 30 An Act relating to a dress code for public schools was held to the May 7 calendar. HB 60 CS FOR HOUSE BILL NO. 60(HES) An Act relating to impairment rating guides used in evaluation of certain workers' compensation claims was held to the May 7 calendar. HB 63 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63 An Act relating to special request licenses depicting the sport of dog mushing was held to the May 7 calendar. SCR 32 SENATE CONCURRENT RESOLUTION NO. 32 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 109, relating to telephone solicitations, advertisements, and directory listings, was held to the May 7 calendar. HB 109 CS FOR HOUSE BILL NO. 109(JUD) An Act relating to telephone solicitations, advertisements, and directory listings was held to the May 7 calendar. HB 110 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am An Act relating to the confidentiality of certain information in motor vehicle records was held to the May 7 calendar. 1996-05-06 Senate Journal Page 4102 HB 295 CS FOR HOUSE BILL NO. 295(2d JUD) An Act relating to forfeitures of property; and relating to the custody and disposition of property in the custody of municipal law enforcement agencies was held to the May 7 calendar. HB 329 HOUSE BILL NO. 329 am An Act providing for restitution to the state for the unlawful taking of game was held to the May 7 calendar. HB 342 CS FOR HOUSE BILL NO. 342(RES) am An Act relating to water quality was held to the May 7 calendar. HB 456 CS FOR HOUSE BILL NO. 456(L&C) An Act relating to the Board of Storage Tank Assistance; and providing for an effective date was held to the May 7 calendar. HB 529 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 was held to the May 7 calendar. HB 540 HOUSE BILL NO. 540 am An Act relating to health care data and registration of births was held to the May 7 calendar. HB 249 CS FOR HOUSE BILL NO. 249(L&C) An Act authorizing the McGrath Ice Classic was held to the May 7 calendar. HB 354 CS FOR HOUSE BILL NO. 354(FIN)(title am) An Act relating to a retirement incentive program for certain employees of school districts under the teachers' retirement system and under the public employees' retirement system; and providing for an effective date was held to the May 7 calendar. 1996-05-06 Senate Journal Page 4103 HB 361 HOUSE BILL NO. 361 An Act relating to municipal capital project matching grants for a municipality organized under federal law as an Indian reserve; and providing for an effective date was held to the May 7 calendar. HB 411 HOUSE BILL NO. 411 An Act naming Mountain View Road in Gustavus was held to the May 7 calendar. HB 90 HOUSE BILL NO. 90 am An Act changing the date that the legislature convenes in the years following a gubernatorial election; changing the date that the term of a member of the legislature begins in the years following a gubernatorial election was held to the May 7 calendar. HB 498 HOUSE BILL NO. 498 An Act naming the Bette Cato Bridge in Valdez was held to the May 7 calendar. HJR 1 HOUSE JOINT RESOLUTION NO. 1 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature, was held to the May 7 calendar. HJR 47 CS FOR HOUSE JOINT RESOLUTION NO. 47(STA) Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program, was held to the May 7 calendar. CITATIONS All citations from today's calendar were held to the May 7 calendar. ANNOUNCEMENTS Announcements are at the end of the journal. 1996-05-06 Senate Journal Page 4104 ENGROSSMENT HB 284 SENATE CS FOR CS FOR HOUSE BILL NO. 284(FIN) An Act relating to the Alaska Commercial Fishing and Agriculture Bank was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 314 SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) An Act relating to domestic violence and to crime victims and witnesses; amending Rules 3, 4, 65, and 100, Alaska Rules of Civil Procedure, Rules 505 and 613, Alaska Rules of Evidence, and Rule 9, Alaska Rules of Administration; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 478 SENATE CS FOR HOUSE BILL NO. 478(L&C) 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 526 SENATE CS FOR CS FOR HOUSE BILL NO. 526(FIN) am S An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; providing an exemption from the procurement code for certain projects of the authority; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 528 SENATE CS FOR CS FOR HOUSE BILL NO. 528(RLS) An Act relating to applications for certificates of need and licensing of nursing homes; establishing a moratorium with respect to acceptance of new applications for a certificate of need or for a license for additional nursing home capacity in the state until May 1, 1998; establishing a working group to study and issue a report about long- term care; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. 1996-05-06 Senate Journal Page 4105 HB 548 SENATE CS FOR CS FOR HOUSE BILL NO. 548(FIN) am S An Act authorizing the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SB 307 CS FOR SENATE BILL NO. 307(FIN) An Act requiring the Department of Natural Resources to exchange with the federal government state land within, and adjoining, Dude Creek Critical Habitat Area for federal land adjacent to Fall Creek; and providing for an effective date. was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:05 p.m. on May 6, 1996. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 12:00 p.m., May 7, 1996. Without objection, the Senate adjourned at 4:30 a.m. Nancy Quinto Secretary of the Senate May 1996 1996-05-06 Senate Journal Page 4106 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 06 MONDAY 11:00 AM ****NOTE TIME CHANGE**** HB 548NORTH STAR OIL & GAS LEASE PAYMENT HB 4PERMANENT FUND DIVIDEND ELIGIBILITY HB 526AIDEA OPERATIONS/PROJECTS/LOANS HB 482STATE PROCUREMENT AND LOBBYING CONTRACTS HB 220ALASKA TOURISM MARKETING COUNCIL HB 325NO. SLOPE HEAVY OIL ROYALTY MODIFICATION HB 191MANAGEMENT OF STATE LAND AND RESOURCES HB 405BD OF OPTOMETRISTS; OPTICIANS HB 386CRUELTY TO ANIMALS HB 462DRUNK DRIVING: EVIDENCE & SENTENCING <PENDING REFERRAL> BILLS PREVIOUSLY HEARD OR SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAY 06 MONDAY 0:00 AM -- TIME TO BE ANNOUNCED -- HB 407INSURING PERSONS WITH GENETIC DEFECTS ---------------------------------------- 1996-05-06 Senate Journal Page 4107 RULES FAHRENKAMP RM 203 MAY 06 MONDAY 11:30 AM HB 57LICENSING REQUIREMENTS FOR DRIVERS HB 63DOG MUSHING VANITY PLATES HB 136ESTABLISH ALASKA RAILROAD COMMISSION HB 202JUVENILE DELINQUENCY PROCEEDINGS HB 204DRINKING & DRIVING: MINORS & OTHERS HB 211VOTER REGISTRATION & ELECTIONS HB 284AK COMMERCIAL FISHING & AGRICULTURE BANK HB 314CRIME VICTIMS & WITNESSES & DOMESTIC VIOL HB 342WATER QUALITY STANDARDS HB 354RIP FOR SCHOOL DISTRICT EMPLOYEES HB 361CAP PROJ MATCHING GRANT FOR INDIAN RESERV HB 405BD OF OPTOMETRISTS; OPTICIANS HB 517MOTOR VEHICLES: REGULATION & INSURANCE JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 412 SENATE FINANCE 532 MAY 06 MONDAY 2:00 AM -JOINT WITH CONFERENCE COMMITTEE ON HB 413- HB 412APPROPRIATIONS: OPERATING BUDGET ---------------------------------------- CONFERENCE COMMITTEE ON HB 413 SENATE FINANCE 532 MAY 06 MONDAY 2:00 AM -JOINT WITH CONFERENCE COMMITTEE ON HB 412- HB 413APPROPRIATIONS FOR MENTAL HEALTH ---------------------------------------- FREE CONFERENCE COMMITTEE ON SB 6 FAHRENKAMP ROOM 203 MAY 06 MONDAY 11:30 AM -- FOLLOWING RULES COMMITTEE MEETING -- SB 6SUSPEND DRIVERS LIC./ TRAFFIC OFFENSES ---------------------------------------- CONFERENCE COMMITTEE ON SB 230 MAY 06 MONDAY 1:00 PM -- LOCATION TO BE ANNOUNCED -- SB 230MANAGEMENT OF PARKS & RECREATIONAL AREAS 1996-05-06 Senate Journal Page 4108 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