Legislature(1997 - 1998)
1997-04-16 Senate Journal
Full Journal pdf1997-04-16 Senate Journal Page 1157 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Ninety-fourth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:11 a.m. The roll showed seventeen members present. Senators Mackie, Taylor were excused from a call of the Senate. Senator Ellis was absent. The prayer was offered by the Chaplain, Associate Pastor Mary Ann Warden, Northern Light United Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. We pray that someday an arrow will be broken, not in something or someone, but by each of humankind, to indicate peace not violence. Someday, oneness with creation, rather than domination over creation, will be the goal to be respected. Someday, fearlessness to love and make a difference will be experienced by all people. Then the eagle will carry our prayer for peace and love, and the people of the red, white, yellow, brown, and black communities can sit in the same circle together to communicate in love and experience the presence of the Great Mystery in their midst. Someday can be today for you and me. Amen. (A prayer of the Chippewa from the Book of Common Worship, Daily Prayer) Senator Torgerson led the Senate in the Pledge of Allegiance. 1157 1997-04-16 Senate Journal Page 1158 CERTIFICATION Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the ninety-third legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR Letter of April 11 was read, stating in accordance with AS 39.05.080 and Article III, Sections 25 and 26, of the Alaska Constitution, I submit the following names for legislative confirmation of appointment to the positions noted: Board of Dispensing Opticians Barbara Landi - Anchorage Appointed: 04/11/97 Expires: 06/14/98 The appointment was referred to the Health, Education and Social Services Committee. Board of Nursing Carolyn Keil - Anchorage Appointed: 04/11/97 Expires 03/31/01 The appointment was referred to the Labor and Commerce Committee. Board of Veterinary Examiners Jean Battig, DVM - Fairbanks Appointed: 04/11/97 Expires 01/31/00 The appointment was referred to the Labor and Commerce Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. The presence of Senator Ellis was noted. 1997-04-16 Senate Journal Page 1159 STANDING COMMITTEE REPORTS Report dated April 16 was read stating: In accordance with AS 39.05.080, the Senate State Affairs Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: State Commission for Human Rights Martha L. Gore Kathy Wistoff Richard Heacock Commission on Judicial Conduct Dianne I. Brown Ethel Staton Alaska Labor Relations Agency Robert A. Doyle Blair Schad Alaska Mental Health Trust Authority Board of Trustees John Pugh Personnel Board Katie T. Hurley Alaska Public Offices Commission Joyce Michaelson Assessment Review Board Rick Stovarsky Alaska Public Defender Barbara Brink Signing the report: Senator Green, Chair, Senators Ward, Mackie. Senator Green further signed: I have serious reservations about the confirmation of Richard Heacock and will study further. 1997-04-16 Senate Journal Page 1160 SCR 9 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 9 Declaring June 1 - 7, 1997, to be Alaska Garden Week. Signing do pass: Senator Green, Chair, Senators Mackie, Ward. Zero fiscal note published today from the Senate State Affairs Committee. The resolution was referred to the Rules Committee. SJR 25 The Transportation Committee considered SENATE JOINT RESOLUTION NO. 25 Supporting enhancement of visitor access to Denali National Park and Preserve through development of a northern railroad route corridor access to the vicinity of Wonder Lake. Signing do pass: Senator Ward, Chair, Senators Green, Wilken. Zero fiscal note published today from the Senate Transportation Committee. The resolution was referred to the Rules Committee. SB 55 The Finance Committee considered SENATE BILL NO. 55 An Act relating to the definition of certain state receipts; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 55(FIN) Signing do pass: Senators Sharp, Pearce, Cochairs, Senators Phillips, Torgerson, Donley. Signing no recommendation: Senators Parnell, Adams. Zero fiscal note for the committee substitute published today from the Senate Finance Committee. The bill was referred to the Rules Committee. 1997-04-16 Senate Journal Page 1161 SB 88 The State Affairs Committee considered SENATE BILL NO. 88 An Act relating to the Board of Public Accountancy; extending the termination date of the Board of Public Accountancy; and providing for an effective date and recommended the Labor and Commerce Committee Substitute offered on page 626 be adopted. Signing do pass: Senator Green, Chair, Senators Mackie, Ward. Zero fiscal note for the Labor and Commerce Committee Substitute published today from Department of Commerce and Economic Development. The bill was referred to the Finance Committee. SB 89 The State Affairs Committee considered SENATE BILL NO. 89 An Act relating to regulation of barbers and hairdressers; extending the termination date of the Board of Barbers and Hairdressers; and providing for an effective date and recommended the Labor and Commerce Committee Substitute offered on page 872 be adopted. Signing do pass: Senator Green, Chair, Senators Mackie, Ward. Previous zero fiscal note. The bill was referred to the Rules Committee. SB 90 The State Affairs Committee considered SENATE BILL NO. 90 An Act relating to dental licensing; extending the termination date of the Board of Dental Examiners; and providing for an effective date and recommended the Labor and Commerce Committee Substitute offered on page 982 be adopted. Signing no recommendation: Senator Green, Chair, Senator Mackie. Signing do pass: Senator Ward. Previous zero fiscal note. The bill was referred to the Rules Committee. 1997-04-16 Senate Journal Page 1162 SB 91 The State Affairs Committee considered SENATE BILL NO. 91 An Act relating to the regulation of physical therapists and physical therapy assistants; extending the termination date of the State Physical Therapy and Occupational Therapy Board; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 91(STA) entitled: An Act relating to the regulation of physical therapists, physical therapy assistants, occupational therapists, and occupational therapy assistants; extending the termination date of the State Physical Therapy and Occupational Therapy Board; and providing for an effective date. Signing do pass: Senator Green, Chair, Senators Mackie, Ward. Previous zero fiscal note applies to the committee substitute. The bill was referred to the Rules Committee. SB 103 The State Affairs Committee considered SENATE BILL NO. 103 An Act relating to hearings before and authorizing fees for the State Commission for Human Rights; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 103(STA) Signing do pass: Senator Green, Chair, Senators Mackie, Ward. Previous zero fiscal note applies to the committee substitute. The bill was referred to the Finance Committee. 1997-04-16 Senate Journal Page 1163 SB 105 The Finance Committee considered SENATE BILL NO. 105 An Act relating to legislative ethics; relating to the filing of disclosures by certain legislative employees and officials; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 105(FIN) entitled: An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for the legislature; relating to the conduct and regulation of lobbyists with respect to public officials; relating to the filing of disclosures by certain state employees and offficials; making a conforming amendment to the definition of public official for employment security statutes; and providing for an effective date. Signing do pass: Senator Pearce, Cochair. Signing no recommendation: Senator Sharp, Cochair, Senators Parnell, Adams, Torgerson, Donley. Signing do pass, if amended: Senator Phillips. Fiscal note for the committee substitute published today from Department of Administration. Zero fiscal notes for the committee substitute published today from Department of Labor, Department of Law. Previous zero fiscal note and fiscal note apply to the committee substitute. The bill was referred to the Rules Committee. SB 116 The State Affairs Committee considered SENATE BILL NO. 116 An Act relating to welfare to work tax credits under the Alaska Net Income Tax Act; and providing for an effective date. Signing no recommendation: Senator Green, Chair, Senator Ward. Signing do pass: Senator Mackie. Previous zero, indeterminate and fiscal notes. The bill was referred to the Health, Education and Social Services Committee. 1997-04-16 Senate Journal Page 1164 SB 122 The Health, Education and Social Services Committee considered SENATE BILL NO. 122 An Act relating to unfair discrimination under a group health insurance policy for services provided by marital and family therapists; and providing for an effective date and recommended the Labor and Commerce Committee Substitute offered on page 1049 be adopted. Signing no recommendation: Senator Wilken, Chair, Senator Green. Signing do pass: Senators Ward, Leman, Ellis. Previous zero fiscal note. The bill was referred to the Rules Committee. SB 132 The Health, Education and Social Services Committee considered SENATE BILL NO. 132 An Act relating to registration of sex offenders and central registry of sex offenders; relating to access to, release of, and use of criminal justice information and systems; relating to notices concerning sex offender registrants; and providing for an effective date. Signing do pass: Senator Wilken, Chair, Senators Leman, Ward, Ellis, Green. Previous indeterminate and fiscal notes. The bill was referred to the Judiciary Committee. SB 152 The Labor and Commerce Committee considered SENATE BILL NO. 152 An Act relating to certified nurse aides; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 152(L&C) Signing do pass: Senator Leman, Chair, Senators Kelly, Mackie. Fiscal note for the bill and the committee substitute published today from Department of Commerce and Economic Development. Zero fiscal note for the bill and the committee substitute published today from Department of Health and Social Services. 1997-04-16 Senate Journal Page 1165 SB 152 The bill was referred to the Health, Education and Social Services Committee. SB 153 The Transportation Committee considered SENATE BILL NO. 153 An Act relating to issuance of special license plates to commemorate the arts. Signing do pass: Senator Ward, Chair, Senators Green, Wilken. Fiscal note published today from Department of Administration. The bill was referred to the Finance Committee. HJR 16 The State Affairs Committee considered HOUSE JOINT RESOLUTION NO. 16 Relating to a federal balanced budget amendment. Signing do pass: Senator Green, Chair, Senators Mackie, Ward. Previous House zero fiscal note. The resolution was referred to the Rules Committee. HB 9 Zero fiscal notes for SENATE CS FOR CS FOR HOUSE BILL NO. 9(JUD) (page 1143) An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of incapacitated for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rules 6 and 43(d), Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date published today from Department of Law, Department of Public Safety. 1997-04-16 Senate Journal Page 1166 HB 58 The Rules Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(FIN) am An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure and recommended it be replaced with SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) entitled: An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 26, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rules 1 and 4, District Court Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure. (technical title change) Signing to calendar and do pass: Senator Kelly, Chair. Signing to calendar: Senators Leman, Torgerson. Signing no recommendation, needs amendments: Senator Duncan. Fiscal note for the Rules Senate Committee Substitute published today from Alaska Court System. Previous zero and fiscal notes apply to the Senate Committee Substitute. The bill is on todays calendar. HB 75 The Rules Committee considered CS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj 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), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Leman, Torgerson. Signing no recommendation: Senator Duncan. 1997-04-16 Senate Journal Page 1167 HB 75 The bill is on todays calendar. HB 76 The Rules Committee considered CS FOR HOUSE BILL NO. 76(FIN) An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date. Signing to calendar and do pass: Senator Kelly, Chair. Signing to calendar: Senators Leman, Torgerson. Signing no recommendation: Senator Duncan. The bill is on todays calendar. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 12 SENATE CONCURRENT RESOLUTION NO. 12 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. 9, relating to victims of crime and other criminal law matters. was read the first time and referred to the Rules Committee . INTRODUCTION AND REFERENCE OF SENATE BILLS SB 175 SENATE BILL NO. 175 BY SENATOR SHARP, entitled: An Act relating to revenue bonds issued by the Alaska Industrial Development and Export Authority for interties between Healy and Fairbanks and between Anchorage and the Kenai Peninsula; and providing for an effective date. 1997-04-16 Senate Journal Page 1168 SB 175 was read the first time and referred to the Finance Committee. SB 176 SENATE BILL NO. 176 BY SENATOR KELLY, entitled: An Act relating to workers compensation coverage for certain high school students in uncompensated work-study programs. was read the first time and referred to the Labor and Commerce Committee. SB 177 SENATE BILL NO. 177 BY THE SENATE FINANCE COMMITTEE, entitled: An Act relating to the international trade and business endowment; and providing for an effective date. was read the first time and referred to the Finance Committee. Senator Ellis announced a minority caucus upon a motion to recess. RECESS Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in recess for the purpose of a majority caucus. Without objection, the Senate recessed at 11:21 a.m. AFTER RECESS The Senate reconvened at 1:10 p.m. 1997-04-16 Senate Journal Page 1169 CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 58 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(FIN) am An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure was read the second time. Senator Kelly called the Senate. The call was satisfied. Senator Kelly moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 1166. Senator Duncan objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 26, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rules 1 and 4, District Court Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure (technical title change) was adopted and read the second time. Senator Donley offered Amendment No. 1 : Page 15, lines 26 - 31: Delete all material. Insert "this subsection must (1) be posted conspicuously in all admitting areas of the hospital; (2) consist of a sign at least two feet high and two feet wide, with print at least two inches high; (3) be published at least annually in a newspaper of general circulation in the area; and (4) be in substantially the following form: 1997-04-16 Senate Journal Page 1170 HB 58 Notice to Hospital Users and Notice of Limited Liability (Name of hospital) may not be responsible for the actions of emergency room physicians in (name of hospital's emergency room). The following emergency room physicians are independent contractors and are not employees of the hospital:" Senator Donley moved for the adoption of Amendment No. 1. Objections were heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) Second Reading Amendment No. 1 YEAS: 13 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Hoffman, Lincoln, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Green, Kelly, Leman, Miller, Sharp Excused: Mackie, Taylor and so, Amendment No. 1 was adopted. Senator Donley offered Amendment No. 2 : Page 16, line 7: Delete $500,000 Insert $1,000,000 Delete $1,500,000 Insert $2,000,000 Senator Donley moved for the adoption of Amendment No. 2. Objections were heard. 1997-04-16 Senate Journal Page 1171 HB 58 The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 2 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 2 failed. Senator Adams offered Amendment No. 3 : Page 10, line 17, after the word judgment. Insert: a. Prior to commencement of an Action: Upon receipt of a written offer of final settlement, prior to filing a complaint, in the form of an Offer of Judgment, pursuant to Alaska Civil Rule 68, an insurance company shall make payment of all monetary amounts, if any, due the offeror within 90 days of receipt of the written offer. If the judgment entered on the claim to which payment was made under this section is at least 10% greater than the insurance company payment, the insurance company shall pay all actual costs and the reasonable actual attorneys fees incurred by the offeror from the date the offer was made through judgment or the termination of action. This section is in addition to any other remedy held by an insured or offeror specified in statute or common law. b. After Commencement of an Action: Senator Adams moved for the adoption of Amendment No. 3. Senator Leman objected. 1997-04-16 Senate Journal Page 1172 HB 58 The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 3 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 3 failed. Senators Adams, Ellis, Duncan, Lincoln, Hoffman offered Amendment No. 4 : Sec.___AS__.__.__ is amended to add a new section to read: Sec.___. Insurance rates to be rolled back. (a) With the exception of wet marine insurance, all policies issued or renewed in Alaska after January 1, 1998 shall reflect a 5% reduction in premiums charged per unit of coverage. (b) No rate or premium increase will be allowed for a policy sold in the State of Alaska after January 1, 1998 without application to the director, division of insurance, Department of Commerce and Economic Development. (c) Before any rate increase may be approved the director shall conduct a hearing, the date, time and place of which shall be noticed in the Alaska Bar Rag and in at least one other newspaper of general circulation within the state no less than 60 days before commencement of the hearing. In addition the notice shall summarize the particulars of the requested rate increase. At the directors discretion, costs associated with this procedure may be charged to the carrier requesting the rate or premium increase. 1997-04-16 Senate Journal Page 1173 HB 58 (d) Upon application of any interested person or entity to intervene in these proceedings, the director shall allow such intervention. The director may order discovery and shall allow any interested person or entity, once having intervened in the proceeding, discovery as to issues relevant to the proceeding and consistent with the definition and scope of discover as set forth in the Alaska Rules of Civil Procedure. No hearing shall take place until the requesting carrier has fully complied with discovery requests submitted to it by the director and any other party or parties to the proceeding. (e) The carrier shall have the burden of proving that its requested rate increase is more likely than not in the public interest under all the circumstances. In the event that the rate of return to be enjoyed by the carrier in the face of the requested rate increase equals or exceeds the prejudgment interest rate on personal injury claims as then defined by statute, the rate increase shall be rebuttably presumed to be against the public interest. (f) Interveners shall be deemed public interest litigants. To the extent they successfully oppose requested rate increases they shall be awarded full reasonable costs and attorney fees to be paid by the requesting carrier. In the event that interveners are unsuccessful in opposing rate increases, they shall be awarded full reasonable costs and attorneys fees where the director determines that their efforts in opposing the rate increase were taken in good faith, were not frivolous, or substantially advanced the public interest. Senator Adams moved for the adoption of Amendment No. 4. Senator Green objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1174 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 4 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 4 failed. Senators Duncan, Lincoln offered Amendment No. 5 : Page 7, lines 18 - 27: Delete all material and insert: "(g) If the fact finder determines that the conduct proven under (b) of this section was motivated by financial gain and the average annual net income earned by the defendant for the five years before the year in which the trial began exceeded $1,000,000 a year, it may award an amount of punitive damages not to exceed the greatest of (1) the amount calculated under the limitation in (f) of this section; (2) the average net annual income earned by the defendant for the five years before the year in which the trial began; or (3) two times the amount of financial gain that the defendant received or expected to receive as a result of the defendant's misconduct." Senator Duncan moved for the adoption of Amendment No. 5. Objections were heard. Senator Leman moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Leman was required to vote. 1997-04-16 Senate Journal Page 1175 HB 58 The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 5 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 5 failed. Senator Lincoln offered Amendment No. 6 : Page 3, line 2: Delete federal Senator Lincoln moved for the adoption of Amendment No. 6. Senator Leman objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 6 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 6 failed. 1997-04-16 Senate Journal Page 1176 HB 58 Senator Ellis offered Amendment No. 7 : Page 3, line 18: Delete 10 Insert 11 Page 3, line 20: Delete 10 Insert 11 Page 3, line 24, after the word from: Insert gross negligence Delete an Insert or Page 4, line 2: Delete prolonged Delete waste and Insert substance Page 4, line 3, after the word intentional: Insert or reckless Page 4, after line 8: Insert (f) breach of trust or fiduciary duty Page 4, line 14: Delete give notice of a potential Insert constitute accrual of a Senator Ellis moved for the adoption of Amendment No. 7. Senator Leman objected. Senator Ellis moved and asked unanimous consent that the question be divided. President Miller ruled the question divisible. Without objection, Amendment No. 7 was divided as follows: 1997-04-16 Senate Journal Page 1177 HB 58 Part A: Page 3, line 18: Delete 10 Insert 11 Page 3, line 20: Delete 10 Insert 11 Page 3, line 24, after the word from: Insert gross negligence Delete an Insert or Part B: Page 4, line 2: Delete prolonged Delete waste and Insert substance Page 4, line 3, after the word intentional: Insert or reckless Part C: Page 4, after line 8: Insert (f) breach of trust or fiduciary duty Part D: Page 4, line 14: Delete give notice of a potential Insert constitute accrual of a Senator Ellis moved for the adoption of Part A of Amendment No. 7. Objections were heard. Senator Leman moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Leman was required to vote. 1997-04-16 Senate Journal Page 1178 HB 58 The question being: Shall Part A of Amendment No. 7 be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 7 - Part A YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Part A of Amendment No. 7 failed. Senator Ellis moved for the adoption of Part B of Amendment No. 7. Senator Leman objected. The question being: Shall Part B of Amendment No. 7 be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 7 - Part B YEAS: 9 NAYS: 9 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Parnell, Phillips, Wilken Nays: Green, Halford, Kelly, Leman, Miller, Pearce, Sharp, Torgerson, Ward Excused: Mackie, Taylor and so, Part B of Amendment No. 7 failed. Senator Ellis moved for the adoption of Part C of Amendment No. 7. Senator Pearce objected. 1997-04-16 Senate Journal Page 1179 HB 58 The question being: Shall Part C of Amendment No. 7 be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 7 - Part C YEAS: 8 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Hoffman, Lincoln, Ward Nays: Green, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Wilken Excused: Mackie, Taylor and so, Part C of Amendment No. 7 failed. Senator Ellis moved for the adoption of Part D of Amendment No. 7. Senator Leman objected. Senator Ellis moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. Senator Duncan offered Amendment No. 8 : Page 5, lines 24 - 31: Delete all material. Insert "life expectancy in years multiplied by $30,000, whichever is greater, when the damages are awarded for severe permanent impairment or severe disfigurement." Senator Duncan moved for the adoption of Amendment No. 8. Senator Leman objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1180 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 8 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 8 failed. Senator Ellis offered Amendment No. 9 : Page 9, lines 13 - 24: Delete all material Page 9, line 25: Delete Section 14 Insert Section 13 Renumber the following bill sections accordingly. Senator Ellis moved for the adoption of Amendment No. 9. Senator Leman objected. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1181 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 9 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 9 failed. President Miller stated that SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S will be read a third time on April 17. HB 75 CS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj 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), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1125. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) was adopted and read the second time. Senator Pearce offered Amendment No. 1 : Page 17, after line 30: Insert: Department of Administration BRU: Public Communications Services 1997-04-16 Senate Journal Page 1182 HB 75 It is the intent of the Legislature that the Public Broadcasting Commission continues to grant the Alaska Information Radio Reading Education Services (AIRRES) operations at the FY 97 funding level, minimally. Senator Pearce moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Pearce offered Amendment No. 2 : Page 4, line 16, following "receipts": Insert "and receipts of or from the trust established by AS 37.14.400 - 37.14.450 (Exxon Valdez oil spill trust)" Senator Pearce moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Pearce offered Amendment No. 3 : Page 3, lines 13 - 14: Delete "designated program" Senator Pearce moved for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. Senator Sharp offered Amendment No. 4 : Page 3, line 17: Delete "Subject" Insert "Contingent upon the Alaska Seafood Marketing Institute having no employees over range 21 who are located outside of Alaska and subject" Senator Sharp moved for the adoption of Amendment No. 4. Senator Duncan objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1183 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 4 YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Leman, Lincoln, Miller Excused: Mackie, Taylor and so, Amendment No. 4 was adopted. Senator Sharp offered Amendment No. 5 : Page 28, line 18, before Legal Defense: Insert Glacier Bay Commercial/Subsistence Fishing Senator Sharp moved for the adoption of Amendment No. 5. Without objection, Amendment No. 5 was adopted. Senator Hoffman offered Amendment No. 6 : Page 20, line 22: Appropriation Items: Delete 25,752,700 Insert 26,052,700 General Funds: Delete 19,566,600 Insert 19,866,600 Other Funds: Delete 6,186,100 Insert 6,186,100 1997-04-16 Senate Journal Page 1184 HB 75 Page 20, line 25: Head Start Grants, Allocations: Delete 5,877,300 Insert 6,177,300 Senator Hoffman moved for the adoption of Amendment No. 6. Senator Pearce objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 6 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 6 failed. Senator Hoffman offered Amendment No. 7 : Page 20, line 7: Municipal Revenue Sharing, Appropriation Items: Delete 50,358,000 Insert 53,572,300 General Funds: Delete 50,358,000 Insert 53,572,300 1997-04-16 Senate Journal Page 1185 HB 75 Page 20, lines 8 and 9: State Revenue Sharing, Allocations: Delete 22,719,800 Insert 24,170,000 Municipal Assistance, Allocations: Delete 27,638,200 Insert 29,402,300 Senator Hoffman moved for the adoption of Amendment No. 7. Senator Pearce objected. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 7 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 7 failed. Senator Hoffman offered Amendment No. 8 : Page 45, line 8: Statewide Programs, Appropriation Items: Delete 188,624,800 Insert 189,596,700 1997-04-16 Senate Journal Page 1186 HB 75 General Funds: Delete 103,825,400 Insert 104,634,500 Other Funds: Delete 84,799,400 Insert 84,962,200 Page 45, line 13, Allocations: Disadvantaged Business: Delete 542,100 Insert 713,100 Page 45, line 16, Allocations: Statewide Internal Review: Delete 768,200 Insert 768,286 Page 45, line 17, Allocations: Statewide Administrative Services: Delete 1,927,500 Insert 2,092,400 Page 45, line 19, Allocations: Statewide Information Systems: Delete 1,324,800 Insert 1,874,800 Senator Hoffman moved for the adoption of Amendment No. 8. Senator Torgerson objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1187 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 8 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 8 failed. Senator Hoffman offered Amendment No. 9 : Page 45, line 8: Statewide Programs, Appropriation Items: Delete 188,624,800 Insert 197,709,100 General Funds: Delete 103,825,400 Insert 104,201,800 Other Funds: Delete 84,799,400 Insert 92,780,100 Page 45, line 22, Allocations: Statewide Planning: Delete 2,133,600 Insert 2,357,600 Page 45, line 24, Allocations: Engineering and Operations: Delete 1,822,300 Insert 1,982,700 1997-04-16 Senate Journal Page 1188 HB 75 Page 45, line 30, Allocations: Central Region Planning: Delete 1,137,700 Insert 1,251,200 Page 46, line 6, Allocations: Central Region Engineering Management: Delete 3,491,000 Insert 4,114,900 Page 46, line 8, Allocations: Central Region Capital Improvement Program: Delete 17,658,200 Insert 20,825,300 Page 46, line 12, Allocations: Northern Region Planning: Delete 1,055,400 Insert 1,164,700 Page 46, line 13, Allocations: Northern Region Engineering Management: Delete 2,562,100 Insert 3,020,800 Page 46, line 15, Allocations: Northern Region Capital Improvement Program: Delete 15,414,500 Insert 18,178,600 Page 46, line 19, Allocations: Southeast Region Planning: Delete 502,300 Insert 556,700 Page 46, line 20, Allocations: Southeast Region Engineering Management: Delete 1,760,700 Insert 2,075,000 1997-04-16 Senate Journal Page 1189 HB 75 Page 46, line 22, Allocations: Southeast Region Capital Improvement Program: Delete 6,107,700 Insert 7,201,700 Senator Hoffman moved for the adoption of Amendment No. 9. Senator Torgerson objected. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 9 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 9 failed. Senator Hoffman offered Amendment No. 10 : Page 6 line 17, is amended to read: *SEC. 13. MARINE HIGHWAY SYSTEM FUND. The sum of ª$26,426,900ß $29,055,600 is appropriated from the general fund to the Alaska marine highway system fund (AS 19.65.060). Page 48, line 23, Alaska Marine Highway System: Appropriation Items: Delete 75,133,700 Insert 77,762,400 1997-04-16 Senate Journal Page 1190 HB 75 Other Funds: Delete 75,133,700 Insert 77,762,400 Page 48, line 24, Allocations: Support Services: Delete 1,927,900 Insert 2,786,600 Page 48, line 27, Allocations: Overhaul: Delete 978,200 Insert 1,857,400 Page 48, line 28, Allocations: Vessel Operations Management: Delete 521,800 Insert 910,700 Page 48, line 29, Allocations: Reservations & Marketing: Delete 1,957,300 Insert 2,153,600 Insert a new line 30: Administration, Allocations: Insert 305,600 renumber accordingly Senator Hoffman moved for the adoption of Amendment No. 10. Senator Torgerson objected. The question being: Shall Amendment No. 10 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1191 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 10 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 10 failed. Senator Hoffman offered Amendment No. 11 : Page 27, line 31, Appropriation Items: Delete 41,412,200 Insert 43,051,100 General Funds: Delete 28,785,900 Insert 30,424,400 Other Funds: Insert 12,626,300 Page 28, line 3, Allocations: Delete 5,144,100 Insert 5,306,000 Page 28, line 5, Allocations: Delete 5,673,800 Insert 5,904,000 Page 28, line 7, Allocations: Delete 3,920,500 Insert 4,226,400 1997-04-16 Senate Journal Page 1192 HB 75 Page 28, line 9, Allocations: Delete 6,402,300 Insert 6,625,500 Page 28, line 11, Allocations: Delete 3,609,600 Insert 4,327,300 Senator Hoffman moved for the adoption of Amendment No. 11. Senator Sharp objected. The question being: Shall Amendment No. 11 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 11 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor Leman changed from "Yea" to "Nay". and so, Amendment No. 11 failed. Senator Hoffman offered Amendment No. 12 : Page 29, line 5, Appropriation Items: Delete 5,942,600 Insert 6,355,900 General Funds: Delete 2,248,600 Insert 2,661,900 1997-04-16 Senate Journal Page 1193 HB 75 Other Funds: Insert 3,694,000 Page 29, line 9, Allocations: Delete 137,100 Insert 550,400 Senator Hoffman moved for the adoption of Amendment No. 12. Senator Sharp objected. The question being: Shall Amendment No. 12 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 12 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 12 failed. Senator Hoffman offered Amendment No. 13 : Page 29, line 11, Appropriation Items: Delete 595,200 Insert 791,400 Other Funds: Delete 178,100 Insert 374,300 Page 29, line 12, Allocations: Delete 755,900 Insert 952,100 1997-04-16 Senate Journal Page 1194 HB 75 Senator Hoffman moved for the adoption of Amendment No. 13. Senator Sharp objected. The question being: Shall Amendment No. 13 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 13 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 13 failed. Amendment No. 14 was not offered. Senator Lincoln offered Amendment No. 15 : Page 43, line 7, Appropriation Items: Delete 6,958,600 Insert 7,258,600 General Funds: Delete 6,958,600 Insert 7,258,600 Page 43, line 9, Allocations: Delete 4,965,500 Insert 5,265,500 Senator Lincoln moved for the adoption of Amendment No. 15. Senator Pearce objected. 1997-04-16 Senate Journal Page 1195 HB 75 The question being: Shall Amendment No. 15 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 15 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 15 failed. Senator Lincoln offered Amendment No. 16 : Page 43, line 14, Appropriation Items: Delete 9,086,000 Insert 9,406,000 General Funds: Delete 4,608,500 Insert 4,928,500 Senator Lincoln moved for the adoption of Amendment No. 16. Senator Pearce objected. The question being: Shall Amendment No. 16 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1196 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 16 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 16 failed. Senator Lincoln offered Amendment No. 17 : Page 43, line 14, Appropriation Items: Delete 1,863,300 Insert 1,963,300 General Funds: Delete 1,806,900 Insert 1,906,900 Page 42, line 21, Allocations: Delete 406,100 Insert 506,100 Senator Lincoln moved for the adoption of Amendment No. 17. Senator Donley objected. The question being: Shall Amendment No. 17 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1197 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 17 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 17 failed. Senator Lincoln offered Amendment No. 18 : Page 43, line 13, Appropriation Items: Delete 1,234,400 Insert 1,318,400 General Funds: Delete 296,100 Insert 380,100 Senator Lincoln moved for the adoption of Amendment No. 18. Objections were heard. The question being: Shall Amendment No. 18 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1198 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 18 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 18 failed. Senator Lincoln offered Amendment No. 19 : Page 42, line 12, Appropriation Items: Delete 15,707,600 Insert 15,880,700 General Funds: Delete 14,693,700 Insert 14,866,800 Page 42, line 13, Allocations: Delete 11,116,600 Insert 11,289,700 Senator Lincoln moved for the adoption of Amendment No. 19. Senator Donley objected. The question being: Shall Amendment No. 19 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1199 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 19 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 19 failed. Senator Lincoln offered Amendment No. 20 : Page 42, line 26, Appropriation Items: Delete 44,067,300 Insert 44,561,000 General Funds: Delete 39,922,300 Insert 40,416,000 Page 42, line 27, Allocations: Delete 31,901,900 Insert 32,395,600 Senator Lincoln moved for the adoption of Amendment No. 20. Senator Donley objected. The question being: Shall Amendment No. 20 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1200 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 20 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 20 failed. Senator Lincoln offered Amendment No. 21 : Page 18, line 15, Appropriation Items: Delete 1,604,700 Insert 1,675,500 General Funds: Delete 1,030,500 Insert 1,101,300 Other Funds: Delete 574,200 Insert 588,200 Page 18, line 17, Allocations: Delete 505,700 Insert 590,500 Senator Lincoln moved for the adoption of Amendment No. 21. Senator Pearce objected. The question being: Shall Amendment No. 21 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1201 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 21 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 21 failed. Senator Ellis offered Amendment No. 22 : Page 36, line 3: Delete $2,735,900 Insert $3,635,900 Senator Ellis moved for the adoption of Amendment No. 22. Senator Parnell objected. The question being: Shall Amendment No. 22 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 22 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 22 failed. 1997-04-16 Senate Journal Page 1202 HB 75 Senator Duncan offered Amendment No. 23 : Page 25, line 31: Delete 6,213,600 Insert 6,512,700 Delete 5,019,500 Insert 5,318,600 Page 25, line 32: Delete 4,803,400 Insert 5,102,500 Adjust budget summary by funding source accordingly. Adjust funding by agency in sec. 40 accordingly. Senator Duncan moved for the adoption of Amendment No. 23. Senator Donley objected. The question being: Shall Amendment No. 23 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 23 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 23 failed. Senator Duncan offered Amendment No. 24 : 1997-04-16 Senate Journal Page 1203 HB 75 Page 26, line 10: Delete 8,402,100 Insert 8,995,800 Delete 1,002,700 Insert 1,596,400 Page 26, line 17: Delete 756,700 Insert 1,350,400 Adjust budget summary by funding source accordingly. Adjust funding by agency in sec. 40 accordingly. Senator Duncan moved for the adoption of Amendment No. 24. Senator Donley objected. The question being: Shall Amendment No. 24 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 24 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 24 failed. Senator Duncan offered Amendment No. 25 : 1997-04-16 Senate Journal Page 1204 HB 75 Page 23, line 28: Delete 68,083,800 Insert 68,263,800 Delete 3,546,800 Insert 3,726,800 Page 23, line 32: Delete 821,700 Insert 1,001,700 Adjust budget summary by funding source accordingly. Adjust funding by agency in sec. 40 accordingly. Senator Duncan moved for the adoption of Amendment No. 25. Senator Donley objected. The question being: Shall Amendment No. 25 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 25 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 25 failed. Amendment No. 26 was not offered. Senator Lincoln offered Amendment No. 27 : 1997-04-16 Senate Journal Page 1205 HB 75 Page 33, line 20, Appropriation Items: Delete 26,233,900 Insert 26,333,900 General Funds: Delete 16,121,800 Insert 16,221,800 Page 33, line 21, Allocations: Delete 8,640,000 Insert 8,673,400 Page 33, line 23, Allocations: Delete 5,850,200 Insert 5,883,500 Page 33, line 25, Allocations: Delete 2,658,700 Insert 2,692,200 Senator Lincoln moved for the adoption of Amendment No. 27. Objections were heard. The question being: Shall Amendment No. 27 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 27 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 27 failed. 1997-04-16 Senate Journal Page 1206 HB 75 Senator Duncan offered Amendment No. 28 : Page 5, line 22: Delete "sec. 39" Insert "sec. 40" Page 5, line 26: Delete "sec. 39" Insert "sec. 40" Page 10, line 2: Delete "sec. 39" Insert "sec. 40" Page 12, following line 6: Insert a new bill section to read: "* Sec. 36. The sum of $12,746,800 is appropriated to the Office of the Governor, office of management and budget, for the fiscal year ending June 30, 1998, for payment of pay increases for state employees who are covered by collective bargaining agreements, for salary increases under AS39.27.011(f), and for increases for certain other state employees under secs. 36, 37, 38(b), and 41, ch. 4, FSSLA 1996, from the following funding sources in the amounts listed and to be allocated to the following state agencies in the amounts listed: FUNDING SOURCE AMOUNT Federal receipts $1,494,700 General fund match 348,500 General fund 6,543,200 General fund program receipts 459,700 Inter-agency receipts 667,700 Alaska advance college tuition payment fund 100 Donated commodities handling fee account 1,600 University of Alaska dormitory/food/auxiliary service 800 Federal incentive payments 25,900 Benefit system receipts 17,300 Exxon Valdez oil spill settlement 54,300 Agricultural loan fund 17,200 1997-04-16 Senate Journal Page 1207 HB 75 FICA administration fund account 900 Fish and game fund 162,100 Science and technology endowment 12,500 Highway working capital fund 167,500 International airport revenue fund 360,100 Public employees retirement fund 23,400 Second injury fund reserve account 2,000 Disabled fishermans reserve account 1,900 Surplus property revolving fund 3,000 Teachers' retirement system fund 20,400 Veterans revolving loan fund 1,800 Commercial fishing loan fund 18,500 University of Alaska student tuition/fees/services 600 Real estate surety fund 1,000 Judicial retirement system 300 Public Law 81-874 1,200 National guard retirement system 200 Student revolving loan fund 100 University restricted receipts 300 Training and building fund 8,300 Permanent fund dividend fund 42,900 Oil/hazardous prevention/response 93,100 Investment loss trust fund 100 Interagency receipts/oil and hazardous waste 8,600 Capital improvement project receipts 963,700 Power project fund 3,500 Public school fund 100 Mining revolving loan fund 100 Child care facility revolving loan fund 100 Fisheries enhancement revolving loan fund 1,600 Alternative energy revolving loan fund 2,300 Bulk fuel revolving loan fund 700 Alaska clean water loan fund 3,100 Marine highway system fund 634,500 Gifts/grants/bequests 4,700 Storage tank assistance fund 11,700 Information services fund 127,700 1997-04-16 Senate Journal Page 1208 HB 75 General fund designated receipts 184,700 Clean air protection fund 10,900 AIDEA corporate receipts 27,900 AHFC corporate receipts 106,100 Municipal bond bank corporate receipts 2,000 Permanent fund corporation receipts 33,000 Postsecondary education commission receipts 62,400 Alaska Energy Authority corporate receipts 4,200 AGENCY ALLOCATION Administration 905,500 Commerce and Economic Development 269,900 Community and Regional Affairs 139,300 Corrections 1,055,400 Education 353,500 Environmental Conservation 387,200 Fish and Game 886,700 Office of the Governor 170,700 Health and Social Services 1,493,000 Labor 505,600 Law 405,900 Military and Veterans Affairs 119,600 Natural Resources 522,200 Public Safety 712,200 Revenue 592,600 Transportation and Public Facilities 3,126,300 University of Alaska 233,200 Alaska Court System 580,500 Legislature 287,500" Renumber the following bill sections accordingly. Page 12, line 15: Delete "SECTION 39" Insert "SECTION 40" Senator Duncan moved for the adoption of Amendment No. 28. Senator Pearce objected. 1997-04-16 Senate Journal Page 1209 HB 75 The question being: Shall Amendment No. 28 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 28 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 28 failed. Senator Duncan offered Amendment No. 29 : Page 36, line 9: Delete "3,166,400" Insert "3,316,400" Delete "2,332,300" Insert "2,482,300" Page 36, line 10: Delete "920,700" Insert "881,500" Page 36, line 12: Delete "1,092,500" Insert "1,053,300" Page 36, line 13: Delete "1,153,200" Insert "1,114,000" 1997-04-16 Senate Journal Page 1210 HB 75 Page 36, following line 13: Insert "ALLOCATIONS Juneau Laboratory 267,600" Senator Duncan moved for the adoption of Amendment No. 29. Senator Pearce objected. Senator Hoffman moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Hoffman was required to vote. The question being: Shall Amendment No. 29 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 29 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 29 failed. Amendment No. 30 was not offered. Senator Ellis offered Amendment No. 31 : Page 35, line 25: Delete 1,127,000 Insert 1,427,000 Senator Ellis moved for the adoption of Amendment No. 31. Senator Parnell objected. The question being: Shall Amendment No. 31 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1211 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 31 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 31 failed. Senator Sharp offered Amendment No. 32 : Page 54, line 10: Delete 31,390,100 Insert 31,540,100 Page 54, line 16: Delete 18,398,300 Insert 18,248,300 Senator Sharp moved for the adoption of Amendment No. 32. Without objection, Amendment No. 32 was adopted. Amendment No. 33 was not offered. Senator Lincoln offered Amendment No. 34 : Page 41, line 3, Appropriation Items: Delete 33,214,800 Insert 33,274,300 General Funds: Delete 25,011,100 Insert 25,070,600 1997-04-16 Senate Journal Page 1212 HB 75 Page 41, line 8, Allocations: Delete 3,885,600 Insert 3,945,100 Senator Lincoln moved for the adoption of Amendment No. 34. Senator Parnell objected. The question being: Shall Amendment No. 34 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 34 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 34 failed. Senator Lincoln offered Amendment No. 35 : Page 41, line 3, Appropriation Items: Delete 33,214,800 Insert 33,264,800 General Funds: Delete 25,011,100 Insert 25,061,100 Page 41, line 8, Allocations: Delete 1,209,900 Insert 1,259,900 1997-04-16 Senate Journal Page 1213 HB 75 Senator Lincoln moved for the adoption of Amendment No. 35. Senator Parnell objected. The question being: Shall Amendment No. 35 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 35 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 35 failed. Senator Lincoln offered Amendment No. 36 : Page 21, line 16, Appropriation Items: Delete 113,450,400 Insert 117,469,400 General Funds: Delete 106,915,400 Insert 110,934,400 Page 22, line 19, Allocations: Delete 105,109,700 Insert 109,128,700 Senator Lincoln moved for the adoption of Amendment No. 36. Senator Ward objected. The question being: Shall Amendment No. 36 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1214 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 36 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 36 failed. Senator Lincoln offered Amendment No. 37 : Page 21, line 16, Appropriation Items: Delete 113,450,400 Insert 115,525,200 General Funds: Delete 106,915,400 Insert 108,990,200 Page 22, line 19, Allocations: Delete 105,109,700 Insert 107,184,500 Senator Lincoln moved for the adoption of Amendment No. 37. Senator Ward objected. The question being: Shall Amendment No. 37 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1215 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 37 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 37 failed. Senator Lincoln offered Amendment No. 38 : Page 21, line 16, Appropriation Items: Delete 113,450,400 Insert 114,518,500 General Funds: Delete 106,915,400 Insert 107,957,900 Other Funds: Delete 6,535,000 Insert 6,560,600 Page 22, line 19, Allocations: Delete 105,109,700 Insert 106,177,800 Senator Lincoln moved for the adoption of Amendment No. 38. Senator Ward objected. The question being: Shall Amendment No. 38 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1216 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 38 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 38 failed. Senator Lincoln offered Amendment No. 39 : Page 21, line 16, Appropriation Items: Delete 113,450,400 Insert 113,680,400 General Funds: Delete 106,915,400 Insert 107,145,400 Page 21, line 26, Allocations: Delete 556,300 Insert 736,300 Page 22, line 19, Allocations: Delete 105,109,700 Insert 105,159,700 Senator Lincoln moved for the adoption of Amendment No. 39. Senator Ward objected. The question being: Shall Amendment No. 39 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1217 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 39 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 39 failed. Senator Lincoln offered Amendment No. 40 : Page 21, line 16, Appropriation Items: Delete 113,450,400 Insert 113,744,200 General Funds: Delete 106,915,400 Insert 107,138,400 Other Funds: Delete 6,535,000 Insert 6,605,800 Page 22, line 19, Allocations: Delete 105,109,700 Insert 105,403,500 Senator Lincoln moved for the adoption of Amendment No. 40. Senator Ward objected. The question being: Shall Amendment No. 40 be adopted? The roll was taken with the following result: 1997-04-16 Senate Journal Page 1218 HB 75 SCS CSHB 75(FIN) am S Second Reading Amendment No. 40 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 40 failed. Senator Ellis offered Amendment No. 41 : Page 32, line 24:, Delete 7,468,200 Insert 8,468,200 Senator Ellis moved for the adoption of Amendment No. 41. Objections were heard. The question being: Shall Amendment No. 41 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 41 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 41 failed. 1997-04-16 Senate Journal Page 1219 HB 75 Senator Ellis offered Amendment No. 42 : Page 32, line 19: Public Assistance Administration Public Assistance Field Services General Funds: Delete 22,216,300 Insert 22,841,300 Senator Ellis moved for the adoption of Amendment No. 42. Objections were heard. The question being: Shall Amendment No. 42 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 42 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 42 failed. Senator Ellis offered Amendment No. 43 : Page 32, line 19: Public Assistance Administration Child Care Benefits General Funds: Delete 12,042,700 Insert 12,842,700 1997-04-16 Senate Journal Page 1220 HB 75 Senator Ellis moved for the adoption of Amendment No. 43. Senator Phillips objected. The question being: Shall Amendment No. 43 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 43 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 43 failed. Senator Ellis offered Amendment No. 44 : Department of Health and Social Services Budget: Medical Assistance Legislative Intent This appropriation is subject to Section 30 of this act. It is the intent of the Legislature that the Medical Assistance Division provide to adults the optional medicaid services numbered [fiveß 6 through 31, as prioritized in AS 47.07.035, which includes eyeglasses, hearing aids and dental care. The Legislature assumes [the rate of growth in the Medicaid formula will not exceedß a Medicaid general fund projection, including options 6 - 10, for fiscal year 1998 of 7.0% ªmß over the fiscal year 199ª8ß7 general fund authorization. Additionally the Legislature assumes that the Division will ªmanageß take reasonable steps to reduce this projected increase in Medicaid expenditures to the fiscal year 1998 authorized level by management of costs through emergency regulations limiting scope, duration and amount of services, as well as through implementation 1997-04-16 Senate Journal Page 1221 HB 75 of managed care initiatives. Specifically, it is the intent of the Legislature that the Division will: implement mental health prior authorization ª; implementß and changes to the scope of and rates paid for mental health services; realize full-year savings from resource-based relative value scale rate-setting; realize full-year savings from new facility reimbursement rateªsß methodology; implement preadmission assessment and care plan counseling for persons seeking ªscreening forß nursing homeªsß admission; implement ªthreeß managed care initiatives; conduct on-site medical reviews; initiate additional ªcooperation with IHS/Medicaid programß efforts to identify and secure 100% federal funding for medical services provided to IHS/Medicaid eligibles; and, ªwork with community mental health providers toß maintain payments for community mental health services at no more that the fiscal year 1997 levels. The ªDivisionß Department will produce ª, in cooperation with the Division of Mental Health and Developmental Disabilities,ß a ªcomplete reportingß report of beneficiaries ª, costs, and outcomesß and costs for the entire mental health system, and specifically how Medicaid ªcosts and outcomesß payments contribute to that system. ªFurthermore, tß The Legislature assumes that a net of 125 legal aliens will no longer qualify for Medicaid services during the last half of fiscal year 1998 due to changes in federal law. ªThe average cost per year, per Medicaid recipient is approximately $4,000, resulting in a $250 thousand general fund savings. Finally iß It is the intent of the Legislature that the [Division of Medical Assistanceß Department provide a full accounting of the state resources made available in fiscal years 1996 and 1997 to the 28 seriously emotionally disturbed children expected to participate in the ªseriously emotionally disturbedß fiscal year 1998 TEFRA ªprogramß option. The Department shall implement the 48- hour maternity stay provision effective January 1, 1998, to coincide with the change in federal law. The Division of Medical Assistance will provide to the Legislature by the 15th day of the 1998 session a report describing the implementation and status of the Divisions cost management activities to achieve the appropriation. If the assumptions about Medicaid eligibles and cost growth and cost management savings are not achieved the Department should request supplemental funding (not to be constrained under a supplemental 1997-04-16 Senate Journal Page 1222 HB 75 cap) for the balance of fiscal year 1998, to assure that needy Alaskans continue to receive benefits to which they are entitled through the Medicaid program. Senator Ellis moved for the adoption of Amendment No. 44. Objections were heard. Senator Ellis moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. Senator Ellis offered Amendment No. 45 : Page 49, line 7: Delete 442,084,400 Insert 444,584,400 Delete 163,990,700 Insert 166,490,700 Page 49, line 8: Delete -19,980,700 Insert -17,480,700 Senator Ellis moved for the adoption of Amendment No. 45. Senator Pearce objected. The question being: Shall Amendment No. 45 be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Second Reading Amendment No. 45 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 45 failed. 1997-04-16 Senate Journal Page 1223 HB 75 Senator Donley offered Amendment No. 46 : Page 53, line 14: Delete 694,089,800 Insert 694,093,500 Page 53, line 15: Delete 2,038,800 Insert 2,035,100 Senator Donley moved and asked unanimous consent for the adoption of Amendment No. 46. Without objection, Amendment No. 46 was adopted. Amendment No. 47 was not offered. President Miller stated that SENATE CS FOR CS FOR HOUSE BILL NO. 75 (FIN) am S will be read a third time on April 17. HB 76 CS FOR HOUSE BILL NO. 76(FIN) An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1125. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 76(FIN) was adopted and read the second time. Senator Sharp offered Amendment No. 1 : Page 7, line 28: Delete "8,264,700" Insert "8,064,700" 1997-04-16 Senate Journal Page 1224 HB 76 Page 7, following line 28: Insert "ALLOCATIONS Alcohol and Drug 200,000 Abuse Grants - Chronic Alcoholics Domiciliary Care Facilities" Senator Sharp moved for the adoption of Amendment No. 1. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Duncan offered Amendment No. 2 : Page 2, following line 15: Insert a new bill section to read: "* Sec. 3. The sum of $142,900 is appropriated to the Office of the Governor, office of management and budget, for the fiscal year ending June 30, 1998, for payment of pay increases for state employees who are covered by collective bargaining agreements, for salary increases under AS39.27.011(f), and for increases for certain other state employees under secs. 36, 37, 38(b), and 41, ch. 4, FSSLA 1996, from the following funding sources in the amounts listed and to be allocated to the following state agencies in the amounts listed: FUNDING SOURCE AMOUNT General fund mental health $110,600 Mental health trust administration 5,200 Mental health trust authority authorized receipts 27,100 AGENCY ALLOCATION Administration 13,200 Corrections 27,000 Education 400 Health and Social Services 91,300 Law 1,000 Natural Resources 4,800 Revenue 5,200" 1997-04-16 Senate Journal Page 1225 HB 76 Renumber the following bill sections accordingly. Page 2, line 16: Delete "SECTION 3" Insert "SECTION 4" Senator Duncan moved for the adoption of Amendment No. 2. Senator Pearce objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: SCS CSHB 76(FIN) am S Second Reading Amendment No. 2 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 2 failed. President Miller stated that SENATE CS FOR CS FOR HOUSE BILL NO. 76 (FIN) am S will be read a third time on April 17. THIRD READING OF SENATE BILLS SB 150 CS FOR SENATE BILL NO. 150(RLS) am was read the third time. 1997-04-16 Senate Journal Page 1226 SB 150 Senator Leman, Acting Majority Leader, moved and asked unanimous consent that CS FOR SENATE BILL NO. 150(RLS) am An Act relating to moving expenses of state employees, to compensatory time for state employees, and to calculation of compensation for the public employees retirement system be held in third reading to the April 17 calendar. Without objection, it was so ordered. SENATE RESOLUTIONS IN THIRD READING RECONSIDERATION OF SENATE RESOLUTIONS SJR 3 CS FOR SENATE JOINT RESOLUTION NO. 3(JUD) which had been held (page 1132) was before the Senate on reconsideration. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that CS FOR SENATE JOINT RESOLUTION NO. 3(JUD) Proposing an amendment to the Constitution of the State of Alaska limiting the rights and protections of prisoners to those required under the Constitution of the United States, be held in third reading on reconsideration until the April 18 calendar. CITATIONS Honoring - K-9 Picasso Representative(s) Barnes Senator(s) Parnell, Kelly, Taylor, Hoffman, Pearce, Duncan, Leman, Lincoln, Mackie, Green 1997-04-16 Senate Journal Page 1227 Celebrating Alaska Parent Teacher Association, 40th Anniversary Representative(s) J. Green Senator(s) Parnell, Kelly, Taylor, Hoffman, Wilken, Donley, Pearce, Duncan, Adams, Leman, Lincoln, Mackie, R. Phillips, Green In Memoriam - Dale E. Kuykendall Representative(s) Foster Senator(s) Adams, Parnell, Kelly, Taylor, Hoffman, Pearce, Duncan, Leman, Lincoln, Mackie, Green In Memoriam - John Graham Representative(s) Foster Senator(s) Adams, Parnell, Kelly, Taylor, Hoffman, Pearce, Duncan, Leman, Lincoln, Mackie, Green In Memoriam - Milligrock Minnie Curran Fagerstrom Representative(s) Foster Senator(s) Adams, Parnell, Kelly, Taylor, Hoffman, Pearce, Duncan, Leman, Lincoln, Mackie, Green Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS SB 3 The reconsideration on CS FOR SENATE BILL NO. 3(JUD) An Act authorizing prosecution and trial in the district court of municipal curfew violations, and providing for punishment of minors upon conviction for violation of a curfew ordinance was not taken up this legislative day and the bill was referred to the Secretary for engrossment. 1997-04-16 Senate Journal Page 1228 SB 24 Message of April 11 was received, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 24(FIN) with the following amendment, HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of abortion; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules. Pursuant to a request from the Speaker of the House of Representatives, the bill was returned. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 3 CS FOR SENATE BILL NO. 3(JUD) An Act authorizing prosecution and trial in the district court of municipal curfew violations, and providing for punishment of minors upon conviction for violation of a curfew ordinance was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1997-04-16 Senate Journal Page 1229 ADJOURNMENT Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 17, 1997. Without objection, the Senate adjourned at 7:57 p.m. Nancy Quinto Secretary of the Senate April 1997 1997-04-16 Senate Journal Page 1230 ANNOUNCEMENTS Americans with Disabilities Act Notice - 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. SENATE STANDING COMMITTEES + indicates teleconference COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 APR 16 WEDNESDAY 1:30 PM -- MEETING CANCELLED -- <BILLS PREVIOUSLY HEARD> APR 18 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 APR 16 WEDNESDAY 8:00 AM <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 105LEGISLATIVE ETHICS CODE REFORM SB 55AMEND DEFINITION OF PROGRAM RECEIPTS SB 151PUBLIC EMPLOYMENT LABOR RELATIONS APR 16 WEDNESDAY 6:00 PM <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 17 THURSDAY 9:30 AM -- TIME CHANGE -- SB 161PERM. FUND CORP TO MANAGE MUNI ASSETS HB 91EXTEND BOARD OF PAROLE <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 17 THURSDAY 5:00 PM <BILLS PREVIOUSLY HEARD/SCHEDULED> 1997-04-16 Senate Journal Page 1231 FINANCE (continued) APR 18 FRIDAY 9:00 AM + SB 141CONCEALED HANDGUN PERMITS SB 9CAP PROJ MATCHING GRANT FOR INDIAN RESERV + HB 112AMEND DEFINITION OF POLITICAL PARTY <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 19 SATURDAY 9:00 AM <BILLS PREVIOUSLY HEARD/SCHEDULED> TO BE ANNOUNCED - SEE DAILY AGENDA ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 16 WEDNESDAY 9:00 AM + SB 164AUTHORITY OF EMERGENCY MED TECHS + SB 122INS.COVERAGE:MARRIAGE & FAMILY THERAPIST + SB 132CRIMINAL JUSTICE INFO, INCL. SEX OFFENDER <BILLS HELD FROM PREVIOUS MEETINGS> APR 18 FRIDAY 9:00 AM CONFIRMATION HEARING: U OF A BOARD OF REGENTS SB 117INFANT CARE CURRICULUM IN PUBLIC SCHOOLS SB 164AUTHORITY OF EMERGENCY MED TECHS <BILLS HELD FROM PREVIOUS MEETINGS> ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 16 WEDNESDAY 1:30 PM NO MEETING SCHEDULED APR 18 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 APR 17 THURSDAY 1:30 PM + HB 118REPORTING OF EMPLOYMENT ACCIDENTS + SJR 27WORKING FAMILIES FLEXIBILITY ACT + SB 159NEW BUSINESS INCENTIVE PROGRAM + HB 117ELEVATOR/BOILER/PRESSURE VESSEL STDS <BILLS PREVIOUSLY HEARD OR SCHEDULED> ---------------------------------------- 1997-04-16 Senate Journal Page 1232 RESOURCES BUTROVICH ROOM 205 APR 16 WEDNESDAY 3:30 PM -- MEETING CANCELLED -- HJR 34NPFMC PROPOSED REGS FOR HALIBUT FISHERY <PENDING REFERRAL> HJR 23SALE OF LTD ENTRY PERMITS BY IRS <BILLS PREVIOUSLY SCHEDULED> APR 18 FRIDAY 3:30 PM HB 23STATE LAND MANAGEMENT: ACCESS & RESTRICT HB 51DEPT OF ENV. CONSERV./WATER/PENALTIES <BILLS PREVIOUSLY SCHEDULED> ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 17 THURSDAY 3:30 PM + SB 25TELEPHONE VICTIM NOTIFICATION SYSTEM + SB 26APPROP: VICTIM NOTIFICATION SYSTEM SB 155NOTICE & PUBLICATION OF REGULATIONS <BILLS PREVIOUSLY SCHEDULED> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 APR 17 THURSDAY 1:30 PM + SB 157CHILDRENS TRUST LICENSE PLATES + HJR 27FAA COMMUTER RULE OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH ROOM 205 APR 16 WEDNESDAY 12:00 PM + CHILDRENS CAUCUS APR 23 WEDNESDAY 12:00 PM CHILDRENS CAUCUS APR 30 WEDNESDAY 12:00 PM CHILDRENS CAUCUS ---------------------------------------- 1997-04-16 Senate Journal Page 1233 DEFERRED MAINTENANCE TASK FORCE HOUSE FINANCE 519 MAY 02 FRIDAY 12:00 PM DISCUSS PROCESS TO BE USED BY COMMITTEES PRESENTATIONS BY: COURT, DOE, DOT, UA ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 APR 16 WEDNESDAY 11:22 AM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 APR 16 WEDNESDAY 11:22 AM MINORITY CAUCUS