Legislature(1997 - 1998)
1997-04-28 Senate Journal
Full Journal pdf1997-04-28 Senate Journal Page 1507 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Sixth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:07 a.m. The roll showed thirteen members present. Senator Lincoln was excused from a call of the Senate. Senators Donley, Ellis, Kelly, Parnell, Pearce, Phillips were absent. The prayer was offered by the Chaplain, The Reverend A. Gordon Johnson of the Resurrection Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. You have entrusted to us, O Lord, the awesome task of leadership of Your people. Inspire us, O God, that we may have a vision of what is needful and necessary for all. Guide our deliberations to decisions that may please You, and benefit the lives of all whom we serve. We pray for those in our nation who are victims of disasters, whether they be natural causes or created by human hands. We pray for those who have been injured by abuse, whether it be mental, physical or spiritual. Heal their wounded spirits, we pray. Grant us Your Spirit to lead us on the pathways of righteousness for Your names sake, we pray. Amen. Senator Duncan led the Senate in the Pledge of Allegiance. 1507 1997-04-28 Senate Journal Page 1508 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the one hundred third through one hundred fifth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE SB 64 Message of April 25 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 64(FIN) An Act relating to the Shuyak Island State Park. The bill was referred to the Secretary for enrollment. Message of April 25 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 66 CS FOR HOUSE BILL NO. 66(HES) BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: 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 facility. was read the first time and referred to the Finance Committee. 1997-04-28 Senate Journal Page 1509 HB 158 HOUSE BILL NO. 158 BY REPRESENTATIVES DYSON, Austerman, Ogan, Kohring, Vezey, Martin, Kelly, Mulder, Berkowitz, Green, Ryan, Cowdery, Hodgins, James, Rokeberg, Elton, Kubina, Senator Leman, entitled: An Act relating to attendance at a public school on a part-time basis. was read the first time and referred to the Health, Education and Social Services Committee. HB 204 CS FOR HOUSE BILL NO. 204(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: An Act revising the procedures and authority of the Alaska Commercial Fisheries Entry Commission, the Board of Fisheries, and the Department of Fish and Game to establish a moratorium on participants or vessels, or both, participating in certain fisheries; and providing for an effective date. was read the first time and referred to the Resources Committee. STANDING COMMITTEE REPORTS SB 187 The Health, Education and Social Services Committee considered SENATE BILL NO. 187 An Act relating to disclosure of public records identifying a participant in the advance college tuition payment program; relating to the composition and assets of the Alaska advance college tuition payment fund; relating to administration of the advance college tuition payment program; relating to advance college tuition payment contracts; and providing for an effective date. Signing do pass: Senator Wilken, Chair, Senators Leman, Ward, Ellis, Green. 1997-04-28 Senate Journal Page 1510 SB 187 Zero fiscal note published today from University of Alaska. The bill was referred to the Rules Committee. HB 6 The Judiciary Committee considered CS FOR HOUSE BILL NO. 6(FIN) am An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 6(JUD), entitled: An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors; and amending Rule 3(c), Alaska Delinquency Rules. (technical title change) Signing do pass: Senator Taylor, Chair, Senators Miller, Pearce, Parnell. Signing no recommendation: Senator Ellis. Previous House zero and fiscal notes apply to the Senate Committee Substitute. The bill was referred to the Finance Committee. HB 103 The Finance Committee considered CS FOR HOUSE BILL NO. 103(FIN) An Act repealing certain state funds and accounts and boards, limitations, and programs related to those funds and accounts; and providing for an effective date. Signing do pass: Senator Sharp, Cochair, Senator Phillips. Signing no recommendation: Senator Pearce, Cochair, Senators Parnell, Adams, Donley. Previous House zero fiscal note. The bill was referred to the Rules Committee. 1997-04-28 Senate Journal Page 1511 HB 106 The Finance Committee considered HOUSE BILL NO. 106 An Act relating to the municipal assistance program and the organization grant program; and providing for an effective date. Signing do pass: Senator Sharp, Cochair, Senator Phillips. Signing no recommendation: Senator Pearce, Cochair, Senators Parnell, Adams, Donley. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 107 The Finance Committee considered HOUSE BILL NO. 107 An Act relating to water quality enhancement and water supply, wastewater, and solid waste systems grants; and providing for an effective date. Signing do pass: Senator Sharp, Cochair, Senator Phillips. Signing no recommendation: Senator Pearce, Cochair, Senators Parnell, Adams, Donley. Previous House zero fiscal note. The bill was referred to the Rules Committee. The presence of Senator Parnell was noted. RECONSIDERATION OF SENATE RESOLUTIONS SJR 27 Senator Duncan requested that the reconsideration on SENATE JOINT RESOLUTION NO. 27 Endorsing the Working Families Flexibility Act and the Family Friendly Workplace Act, be taken up. SENATE JOINT RESOLUTION NO. 27 was before the Senate on reconsideration. 1997-04-28 Senate Journal Page 1512 SJR 27 Senator Leman called the Senate. The presence of Senators Donley, Kelly, Pearce, Phillips was noted. Senator Leman lifted the call. Senator Taylor moved and asked unanimous consent that SENATE JOINT RESOLUTION NO. 27 be returned to the Rules Committee. Without objection, it was so ordered. STANDING COMMITTEE REPORTS CONTINUED HJR 30 The Judiciary Committee considered HOUSE JOINT RESOLUTION NO. 30 Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit, and recommended it be replaced with SENATE CS FOR HOUSE JOINT RESOLUTION NO. 30(JUD) Signing do pass: Senator Taylor, Chair, Senators Miller, Pearce, Parnell. Signing no recommendation: Senator Ellis. Previous House zero fiscal note applies to the Senate Committee Substitute. The bill was referred to the Rules Committee. The presence of Senator Ellis was noted. 1997-04-28 Senate Journal Page 1513 RECONSIDERATION OF SENATE BILLS SB 17 Senator Duncan requested that the reconsideration on SENATE BILL NO. 17 An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV) be taken up. SENATE BILL NO. 17 was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE BILL NO. 17 An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV) pass the Senate? The roll was taken with the following result: SB 17 Third Reading - On Reconsideration YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward Nays: Adams, Duncan, Ellis, Hoffman, Wilken Excused: Lincoln and so, SENATE BILL NO. 17 passed the Senate on reconsideration and was referred to the Secretary for engrossment. STANDING COMMITTEE REPORTS CONTINUED HCR 4 The Judiciary Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) Relating to records generated and maintained by the Department of Health and Social Services. Signing do pass: Senator Taylor, Chair, Senators Miller, Pearce, Parnell. Signing no recommendation: Senator Ellis. Previous House zero and fiscal notes. The resolution was referred to the Finance Committee. 1997-04-28 Senate Journal Page 1514 SCR 10 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 10 Supporting continued use of Alaskas renewable furbearer resources. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Taylor, Torgerson. Signing to calendar and do pass: Senator Leman. The resolution is on todays calendar. SB 88 The Rules 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. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Taylor, Leman, Torgerson. The bill is on todays calendar. SB 104 The Rules Committee considered SENATE BILL NO. 104 An Act relating to regulation and examination of insurers and insurance agents; relating to kinds of insurance; relating to payment of insurance taxes and to required insurance reserves; relating to insurance policies; relating to regulation of capital, surplus, and investments by insurers; relating to hospital and medical service corporations; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Taylor, Leman, Torgerson. The bill is on todays calendar. SB 177 The Rules Committee considered SENATE BILL NO. 177 An Act relating to the international trade and business endowment; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Leman, Torgerson. Signing no recommendation: Senator Duncan. 1997-04-28 Senate Journal Page 1515 SB 177 Fiscal note published today from Department of Revenue. The bill is on todays calendar. HJR 23 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 23 Relating to the seizure and sale of Alaska commercial fishing entry permits by the United States Internal Revenue Service. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Taylor, Torgerson. Signing to calendar and do pass: Senator Leman. The resolution is on todays calendar. HB 119 The Rules Committee considered CS FOR HOUSE BILL NO. 119(JUD) An Act raising the limit on small claims actions to $7,500; amending Rule 9, Alaska Rules of Administration; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Taylor, Leman, Torgerson. The bill is on todays calendar. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 88 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 was read the second time. Senator Leman moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 626. Without objection, CS FOR SENATE BILL NO. 88(L&C) was adopted and read the second time. Senator Taylor 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. 1997-04-28 Senate Journal Page 1516 SB 88 CS FOR SENATE BILL NO. 88(L&C) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 88(L&C) 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 pass the Senate? The roll was taken with the following result: CSSB 88(L&C) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Lincoln and so, CS FOR SENATE BILL NO. 88(L&C) passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 104 SENATE BILL NO. 104 An Act relating to regulation and examination of insurers and insurance agents; relating to kinds of insurance; relating to payment of insurance taxes and to required insurance reserves; relating to insurance policies; relating to regulation of capital, surplus, and investments by insurers; relating to hospital and medical service corporations; and providing for an effective date was read the second time. 1997-04-28 Senate Journal Page 1517 SB 104 Senator Sharp moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1473. Without objection, CS FOR SENATE BILL NO. 104(FIN)An Act relating to regulation and examination of insurers and insurance agents; relating to kinds of insurance; relating to payment of insurance taxes and to required insurance reserves; relating to insurance policies; relating to regulation of capital, surplus, and investments by insurers; relating to hospital and medical service corporations; relating to the portability and availability of health care insurance; making amendments to the insurance statutes to conform to federal requirements regarding health insurance; relating to the repeal of certain small employer health care insurance provisions; repealing delayed provisions relating to dental, vision, and hearing insurance in secs. 3 and 4, ch. 101, SLA 1992; repealing delayed provisions relating to small employer health care insurance in secs. 4, 7, 9, and 12, ch. 39, SLA 1993; repealing the delayed effective date in sec. 5, ch. 101, SLA 1992, and in sec. 13, ch. 39, SLA 1993; and providing for an effective date was adopted and read the second time. Senator Donley offered Amendment No. 1 : Page 2, line 4: Delete "110 - 116" Insert "111 - 117" Page 73, following line 6: Insert a new bill section to read: "* Sec. 109. AS 21.89.020(f) is amended to read: (f) An automobile liability insurance policy must provide (1) that all expenses and fees, not including counsel fees or adjuster fees, incurred because of arbitration or mediation shall be paid as determined by the arbitrator; (2) liability coverage in the amount set out in AS 28.22.101(d) for motor vehicles rented in the United States or Canada by a person insured under the policy; (3) physical damage coverage for motor vehicles rented in the United States or Canada, if the policy provides physical damage coverage; if the insured declines physical damage coverage, the insurer shall offer physical damage coverage for rented vehicles; 1997-04-28 Senate Journal Page 1518 SB 104 (4) that payments from applicable coverage provided under (2) and (3) of this subsection will be made in the following order of priority: (A) from a policy or coverage purchased by the operator from the person who has the vehicle available for rent; (B) from a policy or coverage covering the operator of a rented vehicle but not purchased from the person who has the vehicle available for rent; and (C) from a policy or coverage of the person who has the vehicle available for rent." Renumber the following bill sections accordingly. Page 74, line 9: Delete "secs. 116, 117, and 119" Insert "secs. 117, 118, and 120" Page 74, line 11: Delete "Section 113" Insert "Section 114" Senator Donley moved for the adoption of Amendment No. 1. Objections were heard. Senator Donley moved and asked unanimous consent that he be allowed to withdraw Amendment No. 1. Without objection, Amendment No. 1 was withdrawn. Senator Donley offered Amendment No. 2 : Page 1, line 1, following "agents;": Insert "relating to payment of covered loss claims;" Page 2, lines 3 - 4: Delete "43 - 57, 59 - 90, 99 - 102, 108, and 110 - 116" Insert "44 - 58, 60 - 91, 100 - 103, 109, and 111 - 117" 1997-04-28 Senate Journal Page 1519 SB 104 Page 24, following line 12: Insert a new bill section to read: "* Sec. 43. AS21.42 is amended by adding a new section to read: Sec. 21.42.305. Required payment of loss claim; civil penalty. An insurer shall make a covered loss payment within 90 days after the date the insurer determines that an insured has a covered loss under an insurance policy. After the insurer makes payment required under this section, if the insured obtains judgment for damages resulting from the covered loss and the judgment is at least 10 percent greater than the covered loss payment made by the insurer, the insurer shall also pay a civil penalty equal to the difference between reasonable actual attorney fees and actual costs incurred by the insured in obtaining the judgment and the attorney fees and costs received by the insured under the Alaska Rules of Civil Procedure." Renumber the following bill sections accordingly. Page 74, line 4: Delete "sec. 59" Insert "sec. 60" Page 74, line 7: Delete "sec. 59" Insert "sec. 60" Page 74, line 8: Delete "sec. 91" Insert "sec. 92" Page 74, line 9: Delete "secs. 116, 117, and 119" Insert "secs. 117, 118, and 120" Page 74, line 11: Delete "sec. 113" Insert "sec. 114" 1997-04-28 Senate Journal Page 1520 SB 104 Senator Donley moved for the adoption of Amendment No. 2. Objections were heard. Senator Green moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Green was required to vote. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 104(FIN) Second Reading Amendment No. 2 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Miller, Taylor, Wilken Nays: Green, Halford, Kelly, Leman, Mackie, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward Excused: Lincoln and so, Amendment No. 2 failed. Senator Duncan offered Amendment No. 3 : Page 2, line 4: Delete "111 - 117, and 120" Insert "111, 112, 114 - 118, and 121" Page 74, following line 22: Insert a new bill section to read: "* Sec. 113. AS 28.20.440 is amended by adding a new subsection to read: (l) Notwithstanding any other provisions of law, a person who resides in the same household as the person named as insured or a person who is a relative of the person named as insured shall be excluded from coverage under a motor vehicle liability policy if the person named as insured requests that that person be excluded from coverage." 1997-04-28 Senate Journal Page 1521 SB 104 Renumber the following bill sections accordingly. Page 74, line 30: Delete "117, 118, and 120" Insert "118, 119, and 121" Page 75, line 1: Delete "Section 114" Insert "Section 115" Senator Duncan moved for the adoption of Amendment No. 3. Objections were heard. Senators Halford, Leman, Green moved and asked unanimous consent that they be allowed to abstain from voting due to conflicts of interest. Objections were heard, and Senators Halford, Leman, Green were required to vote. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSB 104(FIN) Second Reading Amendment No. 3 YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Green Excused: Lincoln and so, Amendment No. 3 was adopted. Senator Donley offered Amendment No. 4 : 1997-04-28 Senate Journal Page 1522 SB 104 Page 1, line 8, following "provisions;": Insert "requiring that uninsured and underinsured motor vehicle insurance apply to claims of an insured even if other policy limits are not exhausted;" Page 2, line 4: Delete "and 110 - 116" Insert "110, 111, and 113 - 117" Page 74, following line 1: Insert a new bill section to read: "* Sec. 112. AS 28.22.201(a) is amended to read: (a) The uninsured and underinsured motorists coverage required under this chapter (1) applies ªDOES NOT APPLYß to bodily injury, sickness, disease, or death of an insured or damage to or destruction of property of an insured even if ªUNTILß the limits of liability bonds and policies that apply have not been used up by payments or judgments or settlements; however, the insurer shall, in each instance, receive a credit against the insured's total damages for amounts actually received by the insured for covered claims from other sources, including liability bonds, other insurance policies, judgments, or settlements; (2) must be a single combined coverage; and (3) may be rejected by the insured in writing; if the insured has rejected uninsured or underinsured coverage, the coverage may not be included in a supplemental, renewal, or replacement policy unless the insured subsequently requests uninsured or underinsured coverage in writing." Renumber the following bill sections accordingly. Page 74, line 3: Delete "and AS 21.81" Insert "AS 21.81; AS 28.20.445(c), 28.20.445(h); AS 28.22.211; and AS28.40.100(a)(22)" Page 74, line 9: Delete "secs. 116, 117, and 119" Insert "secs. 117, 118, and 120" 1997-04-28 Senate Journal Page 1523 SB 104 Page 74, line 11: Delete "Section 113" Insert "Section 114" Senator Donley moved for the adoption of Amendment No. 4. Objections were heard. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSSB 104(FIN) am Second Reading Amendment No. 4 YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Green Excused: Lincoln and so, Amendment No. 4 was adopted. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 104(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 104(FIN) am An Act relating to regulation and examination of insurers and insurance agents; relating to kinds of insurance; relating to payment of insurance taxes and to required insurance reserves; relating to insurance policies; relating to regulation of capital, surplus, and investments by insurers; relating to hospital and medical service corporations; relating to the portability and availability of health care insurance; making amendments to the insurance statutes to conform to federal requirements regarding health insurance; relating to the 1997-04-28 Senate Journal Page 1524 SB 104 repeal of certain small employer health care insurance provisions; requiring that uninsured and underinsured motor vehicle insurance apply to claims of an insured even if other policy limits are not exhausted; repealing delayed provisions relating to dental, vision, and hearing insurance in secs. 3 and 4, ch. 101, SLA 1992; repealing delayed provisions relating to small employer health care insurance in secs. 4, 7, 9, and 12, ch. 39, SLA 1993; repealing the delayed effective date in sec. 5, ch. 101, SLA 1992, and in sec. 13, ch. 39, SLA 1993; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 104(FIN) am Third Reading - Final Passage Effective Date(s) YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Green, Halford Excused: Lincoln and so, CS FOR SENATE BILL NO. 104(FIN) am passed the Senate. Senator Taylor 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 Kelly gave notice of reconsideration. SB 177 SENATE BILL NO. 177 An Act relating to the international trade and business endowment; and providing for an effective date was read the second time. 1997-04-28 Senate Journal Page 1525 SB 177 Senator Taylor 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 BILL NO. 177 was read the third time. The question being: Shall SENATE BILL NO. 177 An Act relating to the international trade and business endowment; and providing for an effective date pass the Senate? The roll was taken with the following result: SB 177 Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Halford Excused: Lincoln and so, SENATE BILL NO. 177 passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SECOND READING OF HOUSE BILLS HB 119 CS FOR HOUSE BILL NO. 119(JUD) An Act raising the limit on small claims actions to $7,500; amending Rule 9, Alaska Rules of Administration; and providing for an effective date was read the second time. 1997-04-28 Senate Journal Page 1526 HB 119 Senator Taylor 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. 119(JUD) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 119(JUD) An Act raising the limit on small claims actions to $7,500; amending Rule 9, Alaska Rules of Administration; and providing for an effective date pass the Senate? The roll was taken with the following result: CSHB 119(JUD) Third Reading - Final Passage Effective Date Court Rule YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Lincoln and so, CS FOR HOUSE BILL NO. 119(JUD) passed the Senate. Senator Taylor 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 Taylor 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. Senator Taylor gave notice of reconsideration. 1997-04-28 Senate Journal Page 1527 SECOND READING OF SENATE RESOLUTIONS SCR 10 SENATE CONCURRENT RESOLUTION NO. 10 Supporting continued use of Alaskas renewable furbearer resources, was read the second time and was before the Senate on final passage. Senator Mackie moved and asked unanimous consent that he be shown as a cosponsor on the resolution. Without objection, it was so ordered. The question being: Shall SENATE CONCURRENT RESOLUTION NO. 10 Supporting continued use of Alaskas renewable furbearer resources, pass the Senate? The roll was taken with the following result: SCR 10 Final Passage YEAS: 17 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Lincoln Absent: Ellis, Kelly and so, SENATE CONCURRENT RESOLUTION NO. 10 passed the Senate and was referred to the Secretary for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 23 HOUSE JOINT RESOLUTION NO. 23 Relating to the seizure and sale of Alaska commercial fishing entry permits by the United States Internal Revenue Service, was read the second time. 1997-04-28 Senate Journal Page 1528 HJR 23 Senator Taylor moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE JOINT RESOLUTION NO. 23 was read the third time. The question being: Shall HOUSE JOINT RESOLUTION NO. 23 Relating to the seizure and sale of Alaska commercial fishing entry permits by the United States Internal Revenue Service, pass the Senate? The roll was taken with the following result: HJR 23 Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Adams, Donley, Duncan, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Lincoln Absent: Ellis, Green and so, HOUSE JOINT RESOLUTION NO. 23 passed the Senate, was signed by the President and Secretary and returned to the House. CITATIONS Commemorating Police Memorial Day, May 15, 1997 Representative(s) G. Phillips Senator(s) Torgerson, Pearce, Miller, Mackie, Donley, Leman, Duncan, Lincoln, Wilken, Adams, Taylor, Kelly, Green, Halford, R. Phillips, Sharp, Ellis, Parnell Senator Taylor moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 1997-04-28 Senate Journal Page 1529 UNFINISHED BUSINESS SB 104 Senator Kelly moved and asked unanimous consent to withdraw the reconsideration notice on CS FOR SENATE BILL NO. 104(FIN) am An Act relating to regulation and examination of insurers and insurance agents; relating to kinds of insurance; relating to payment of insurance taxes and to required insurance reserves; relating to insurance policies; relating to regulation of capital, surplus, and investments by insurers; relating to hospital and medical service corporations; relating to the portability and availability of health care insurance; making amendments to the insurance statutes to conform to federal requirements regarding health insurance; relating to the repeal of certain small employer health care insurance provisions; requiring that uninsured and underinsured motor vehicle insurance apply to claims of an insured even if other policy limits are not exhausted; repealing delayed provisions relating to dental, vision, and hearing insurance in secs. 3 and 4, ch. 101, SLA 1992; repealing delayed provisions relating to small employer health care insurance in secs. 4, 7, 9, and 12, ch. 39, SLA 1993; repealing the delayed effective date in sec. 5, ch. 101, SLA 1992, and in sec. 13, ch. 39, SLA 1993; and providing for an effective date. President Miller called the Senate. The call was satisfied. Senator Kelly moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. SB 153 The reconsideration on SENATE BILL NO. 153 An Act relating to issuance of special license plates to commemorate the arts was not taken up this legislative day and the bill was referred to the Secretary for engrossment. 1997-04-28 Senate Journal Page 1530 HB 114 The reconsideration on SENATE CS FOR HOUSE BILL NO. 114(RLS) An Act relating to health care data and registration of births was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HJR 22 Senator Halford, Chair, moved and asked unanimous consent that the Resources Committee referral be waived on HOUSE JOINT RESOLUTION NO. 22 Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics. Without objection, the resolution was referred to the Rules Committee. HB 152 President Miller added a Finance Committee referral to CS FOR HOUSE BILL NO. 152(HES) An Act regulating hospice care. The bill was referred to the Finance Committee. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SCR 10 SENATE CONCURRENT RESOLUTION NO. 10 Supporting continued use of Alaskas renewable furbearer resources was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 17 SENATE BILL NO. 17 An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV) was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1997-04-28 Senate Journal Page 1531 SB 88 CS FOR SENATE BILL NO. 88(L&C) 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 was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 153 SENATE BILL NO. 153 An Act relating to issuance of special license plates to commemorate the arts was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 177 SENATE BILL NO. 177 An Act relating to the international trade and business endowment; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 114 SENATE CS FOR HOUSE BILL NO. 114(RLS) An Act relating to health care data and registration of births was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SCR 7 SENATE CONCURRENT RESOLUTION NO. 7 Relating to the thirty-first annual Boys State, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:45 a.m., April 28, 1997. SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 Relating to the twenty-ninth annual Girls State, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:45 a.m., April 28, 1997. 1997-04-28 Senate Journal Page 1532 SJR 24 CS FOR SENATE JOINT RESOLUTION NO. 24(RES) Relating to the Tongass Land Management Plan and to continued Congressional oversight of that plan. was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:45 a.m., April 28, 1997. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 29, 1997. Without objection, the Senate adjourned at 12:21 p.m. Nancy Quinto Secretary of the Senate April 1997 1997-04-28 Senate Journal Page 1533 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 28 MONDAY 1:30 PM + SB 130RIP FOR SCHOOL DISTRICTS AND MUNICIPALITY ---------------------------------------- FINANCE SENATE FINANCE 532 APR 28 MONDAY 8:00 AM -- TIME CHANGE -- + SB 178ANCHORAGE OFFICE BUILDING SB 103HUMAN RIGHTS COMMISSION FEES & HEARINGS SB 42ALASKA RR BUDGET AND LAND <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 29 TUESDAY 9:00 AM SB 152CERTIFIED NURSE AIDES HB 6RELEASE OF INFORMATION ABOUT MINORS HCR 4DHSS RECORDS FOR DELINQUENTS & CINA --PENDING RECEIPT OF REQUESTED INFORMATION-- SB 42ALASKA RR BUDGET AND LAND SB 103HUMAN RIGHTS COMMISSION FEES & HEARINGS <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 28 MONDAY 9:00 AM + SB 187UNIVERSITY TUITION PAYMENT PROGRAM + SB 154CHILD SUPPORT & PATERNITY + <BILLS HELD FROM PREVIOUS MEETINGS> 1997-04-28 Senate Journal Page 1534 HEALTH, EDUCATION & SOCIAL SERVICES (continued) APR 30 WEDNESDAY 9:00 AM + CONFIRMATION HEARING: UA BOARD OF REGENTS + SB 189EDUC.LOAN REPAYMNT\ELIG.; OCC. LIC. + SCR 14PARITY FOR MENTAL HEALTH TASK FORCE + <BILLS HELD FROM PREVIOUS MEETINGS> ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 28 MONDAY 1:30 PM SB 25TELEPHONE VICTIM NOTIFICATION SYSTEM SB 26APPROP: VICTIM NOTIFICATION SYSTEM HB 1151997 REVISORS BILL SJR 29CONST AM: SUPERMAJORITY FOR TAX LEVIES <BILLS HELD AND/OR PREVIOUSLY HEARD> APR 30 WEDNESDAY 1:30 PM SB 102ALIENS AND ASSISTANCE PROGRAMS SB 132CRIMINAL JUSTICE INFO, INCL. SEX OFFENDER MAY 02 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 APR 29 TUESDAY 1:30 PM -- MEETING CANCELLED -- + HB 83COMMERCIAL VEHICLE INSPECTIONS <BILL POSTPONED TO 5/1/97> + HJR 31FEDERAL FOOD, DRUG, AND COSMETIC ACT <BILL POSTPONED TO 5/1/97> SB 163CHEMICAL DEPENDENCY COUNSELORS <BILL POSTPONED> MAY 01 THURSDAY 1:30 PM + HB 83COMMERCIAL VEHICLE INSPECTIONS <BILL POSTPONED FROM 4/29/97> + HJR 31FEDERAL FOOD, DRUG, AND COSMETIC ACT <BILL POSTPONED FROM 4/29/97> + HB 10MANDATORY MEDIATION/DESIGN PROF LAWSUITS <BILLS PREVIOUSLY HEARD> ---------------------------------------- 1997-04-28 Senate Journal Page 1535 RESOURCES BUTROVICH ROOM 205 APR 28 MONDAY 3:30 PM -- BILLS RESCHEDULED FROM 04/25/97 -- + HJR 22ALASKA/RUSSIA MARITIME BOUNDARY + HB 17DNR APPROVE PLATS IN UNORG.BOROUGH + HJR 34NPFMC PROPOSED REGS FOR HALIBUT FISHERY ---------------------------------------- RULES FAHRENKAMP RM 203 APR 28 MONDAY 10:45 AM HB 119INCREASE SMALL CLAIMS JURISDICTION HJR 23SALE OF LTD ENTRY PERMITS BY IRS SB 88BOARD OF PUBLIC ACCOUNTANCY SB 177INTL TRADE AND BUSINESS ENDOWMENT SCR 10SUPPORTING USE OF FURBEARER RESOURCE SB 104OMNIBUS INSURANCE REFORM APR 29 TUESDAY 10:45 AM SB 60ADVISORY VOTE ON CAPITAL PUNISHMENT SB 187UNIVERSITY TUITION PAYMENT PROGRAM HB 18STATE PROCUREMENT DISABILITY PREFERENCES HB 20DOG MUSHING CONTESTS HB 133ARCHITECTS, ENGINEERS & SURVEYORS HB 214WORKERS COMP:TEMP. ASSISTANCE/MED. CONDIT ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 29 TUESDAY 3:30 PM HCR 7AMEND UNIFORM RULES:COM. MEETING NOTICE BOARDS AND COMMISSIONS CONFIRMATIONS <PREVIOUSLY SCHEDULED BILLS> + SJR 28FED AUDIT OF NATIVE REGIONAL CORPORATIONS + SB 118PERMANENT FUND CORP. INVESTMENTS SB 155NOTICE & PUBLICATION OF REGULATIONS MAY 01 THURSDAY 3:30 PM + SJR 21PUBLIC FACILITIES CAPITAL FUND + HB 50BROADCASTING OF RAFFLES AND CLASSICS <PREVIOUSLY SCHEDULED BILLS> + SB 118PERMANENT FUND CORP. INVESTMENTS ---------------------------------------- 1997-04-28 Senate Journal Page 1536 TRANSPORTATION BUTROVICH ROOM 205 APR 29 TUESDAY 1:30 PM SB 157CHILDRENS TRUST LICENSE PLATES HJR 27FAA COMMUTER RULE <BOTH BILLS PREVIOUSLY SCHEDULED> MAY 01 THURSDAY 1:30 PM SB 171CAPITAL IMPROVEMENT PROJECT AUTHORITY JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 75 AND 76 SENATE FINANCE 532 APR 28 MONDAY 3:30 PM REVENUE, DOE, DOT, DOA, UA APR 29 TUESDAY 4:00 PM DCRA, DCED, DHSS, DEC, DPS ---------------------------------------- SELECT CMTE ON LEGISLATIVE ETHICS FAHRENKAMP ROOM 203 MAY 01 THURSDAY 8:00 AM + FULL COMMITTEE TELECONFERENCE ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH ROOM 205 APR 29 TUESDAY 5:00 PM LEGISLATIVE COUNCIL OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH ROOM 205 APR 30 WEDNESDAY 12:00 PM CHILDRENS CAUCUS ---------------------------------------- 1997-04-28 Senate Journal Page 1537 DEFERRED MAINTENANCE TASK FORCE HOUSE FINANCE 519 MAY 02 FRIDAY 12:00 PM DISCUSS PROCESS TO BE USED BY COMMITTEE PRESENTATIONS BY: COURT, DOE, DOT, UA REVIEW CURRENT LEGISLATION AFFECTING DEFERRED MAINTENANCE ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 APR 28 MONDAY 5:00 PM MAJORITY CAUCUS