Legislature(1997 - 1998)
1997-05-05 Senate Journal
Full Journal pdf1997-05-05 Senate Journal Page 1669 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Thirteenth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:07 a.m. The roll showed sixteen members present. Senator Kelly was excused from a call of the Senate. Senators Lincoln, Parnell, Pearce were absent. The prayer was offered by the Chaplain, Major Neil Timpson of the Salvation Army. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. At the invitation of Dr. Lloyd Ogilvie, U.S. Senate Chaplain, National Commander Robert A. Watson opened the U. S. Senate on March 20, 1997 with this prayer: Sovereign Lord, we thank You for this day, the day You have made. We will be glad and rejoice in it. We acknowledge You as our omnipotent, omniscient and omnipresent God, The Creator, Preserver and Governor of all things, and the only proper object of religious worship. How privileged we are, to live in America. We thank You for those of earlier generations who sacrificed so much, making possible the freedoms we enjoy. Help us not to take for granted the benefits of our society, and to happily share our blessings with those around us. We thank You for the gifts of experience, intellect and talent with which the members of this legislative body are endowed. As they deal with the complex issues which are so important to the people of this nation and this state, please grant them wisdom, compassion, sound judgment and the satisfaction of having served well. 1669 1997-05-05 Senate Journal Page 1670 And Now, as we enjoy again the beauty of Alaska on this spring day, help us to allow each sign of new life to be a reminder to us that You are the giver and sustainer of life, and to use Your gifts wisely and well. In Your majestic name we pray. Amen. Senator Ward led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the one hundred tenth, one hundred eleventh, and one hundred twelfth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the chair at approximately 1:00 p.m. Without objection, the Senate recessed at 11:10 a.m. AFTER RECESS The Senate reconvened at 1:01 p.m. MESSAGES FROM THE GOVERNOR SB 24 Message dated and received May 3, from the Governors Legislative Director, was read, stating that pursuant to action of the Twentieth Alaska State Legislature acting in Joint Session to override the Governors veto, the following chapter number has been assigned and the engrossed and enrolled copies transmitted to the Lieutenant Governors Office for permanent filing: 1997-05-05 Senate Journal Page 1671 SB 24 HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) am H 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. Chapter 14, SLA 1997 Effective Date: 07/31/97 HB 65 Message dated and received May 3, from the Governors Legislative Director, was read, stating that pursuant to action of the Twentieth Alaska State Legislature acting in Joint Session to override the Governors veto, the following chapter number has been assigned and the engrossed and enrolled copies transmitted to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 65 am An Act relating to partial-birth abortions. Chapter 15, SLA 1997 Effective Date: 07/31/97 HB 69 Message dated and received May 3 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SPONSOR SUBSTITUTE FOR HOUSE BILL NO.69 An Act relating to designating flunitrazepam as a schedule IVA controlled substance; and providing for an effective date. 1997-05-05 Senate Journal Page 1672 HB 69 Chapter 16, SLA 1997 Effective Date: 05/04/97 HB 91 Message dated and received May 3 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 91 An Act extending the termination date of the Board of Parole; and providing for an effective date. Chapter 17, SLA 1997 Effective Date: 07/01/97 HB 22 Message dated and received May 3 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 22(JUD) An Act relating to civil liability for illegal sale or barter of an alcoholic beverage or a controlled substance; and providing for an effective date. Chapter 18, SLA 1997 Effective Date: 07/01/97 MESSAGES FROM THE HOUSE Message of May 2 was read, stating the House passed and transmitted for consideration: 1997-05-05 Senate Journal Page 1673 FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 18 HOUSE CONCURRENT RESOLUTION NO. 18 BY REPRESENTATIVES DAVIES, Brice, Nicholia, Kelly, Phillips, James, Therriault, Croft, Vezey; Senators Miller, Ellis, Declaring 1997 to be observed as the 80th Anniversary of the University of Alaska Fairbanks and recognizing the vital role played by the University of Alaska Fairbanks. was read the first time and referred to the Health, Education and Social Services Committee. HJR 29 HOUSE JOINT RESOLUTION NO. 29 BY REPRESENTATIVES ELTON, Hudson, Kemplen, Austerman, Kookesh, Berkowitz, Nicholia, Ivan, Dyson, Kubina, Sanders, Davies, Rokeberg, Croft; Senator Ellis, Supporting an increase in federal funding for prostate cancer research. was read the first time and referred to the Health, Education and Social Services Committee. FIRST READING AND REFERENCE OF HOUSE BILLS HB 11 HOUSE BILL NO. 11 BY REPRESENTATIVE GREEN, entitled: An Act relating to drivers licensing; and providing for an effective date. was read the first time and referred to the Transportation, State Affairs and Finance Committees. 1997-05-05 Senate Journal Page 1674 HB 163 HOUSE BILL NO. 163 BY REPRESENTATIVE VEZEY, entitled: An Act relating to designating gamma- Hydroxybutyrate as a schedule IVA controlled substance; and providing for an effective date. was read the first time and referred to the Judiciary Committee. HB 222 CS FOR HOUSE BILL NO. 222(TRA) am BY THE HOUSE TRANSPORTATION COMMITTEE, entitled: An Act relating to abandoned, wrecked, or junk vehicles. was read the first time and referred to the Transportation and Judiciary Committees. HB 248 CS FOR HOUSE BILL NO. 248(TRA) BY THE HOUSE TRANSPORTATION COMMITTEE, entitled: An Act naming East Egan Drive in Valdez. was read the first time and referred to the Transportation Committee. HB 250 CS FOR HOUSE BILL NO. 250(O&G) BY THE HOUSE SPECIAL COMMITTEE ON OIL AND GAS, entitled: An Act establishing a North Slope Gas Commercialization Team to develop recommendations regarding a North Slope gas project; and providing for an effective date. was read the first time and referred to the Finance Committee. 1997-05-05 Senate Journal Page 1675 SJR 16 Message of May 2 was read, stating the House passed CS FOR SENATE JOINT RESOLUTION NO. 16(RES) am, with the following amendment: Page 3, line 11, following to: Insert the Honorable Bill Clinton, President of the United States; and to and so, CS FOR SENATE JOINT RESOLUTION NO. 16(RES) am H Relating to reauthorization and reform of the Endangered Species Act. is returned for consideration. Senator Taylor moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment to CS FOR SENATE JOINT RESOLUTION NO. 16(RES) am? The roll was taken with the following result: CSSJR 16(RES) am H Shall the Senate Concur in the House Amendment to CS for SJR 16(RES) am YEAS: 17 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Ellis Excused: Kelly Absent: Pearce 1997-05-05 Senate Journal Page 1676 SJR 16 and so, the Senate concurred in the House amendment, thus adopting CS FOR SENATE JOINT RESOLUTION NO. 16(RES) am H Relating to reauthorization and reform of the Endangered Species Act. The Secretary was requested to notify the House. The resolution was referred to the Secretary for enrollment. COMMUNICATIONS The following reports are on file in the Office of the Secretary of the Senate: Alaska Department of Military and Veterans Affairs, Annual Performance Report 1996 from Jake Lestenkof, Commissioner/The Adjutant General in accordance with sec. 2, Chapter 98, SLA 1986, as amended by Chapter 4, SLA 1993 Division of Medical Assistance, Annual Report, FY 1996 from Bob Labbe, Director of Division of Medical Assistance, Department of Health and Social Services Disclosure letters were received in accordance with AS 24.60 and will be published in Senate Journal Supplement No. 4. STANDING COMMITTEE REPORTS SJR 30 The Judiciary Committee considered SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 30 Relating to the defense of Alaska from offensive nuclear attack. Signing do pass: Senator Taylor, Chair, Senator Miller. Signing no recommendation: Senators Parnell, Ellis. 1997-05-05 Senate Journal Page 1677 SJR 30 Zero fiscal note published today from the Senate Judiciary Committee. The resolution was referred to the Rules Committee. HJR 14 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 14(RLS) Relating to supporting the American Land Sovereignty Protection Act. Signing do pass: Senator Halford, Chair, Senators Leman, Green, Taylor. Previous House zero fiscal note. The resolution was referred to the Rules Committee. HB 83 Fiscal note for CS FOR HOUSE BILL NO. 83(STA)An Act relating to regulation of commercial vehicles; and providing for an effective date (page 1447) published today from Department of Transportation and Public Facilities. SB 11 The Rules Committee considered SENATE BILL NO. 11 An Act relating to state aid for school construction debt; and providing for an effective date. Signing to calendar: Senator Leman, Chair, Senators Duncan, Taylor, Torgerson, Miller. Forthcoming Finance Committee Substitute (page 1642) received: CS FOR SENATE BILL NO. 11(FIN) entitled: An Act establishing a 50 percent reimbursement program for municipal bonds, notes, or other indebtedness incurred for school construction; relating to administrative costs of reimbursing municipal school construction debt; relating to municipal school construction project eligibility requirements for receiving state reimbursement; and providing for an effective date. 1997-05-05 Senate Journal Page 1678 SB 11 Forthcoming indeterminate fiscal note (page 1642) for the Finance Committee Substitute published today from Department of Education. The bill is on todays calendar. SB 178 The Rules Committee considered SENATE BILL NO. 178 An Act giving notice of and approving a lease-purchase agreement by the Department of Administration for an office building in Anchorage; relating to the financing of the lease-purchase agreement; and providing for an effective date. Signing to calendar: Senator Leman, Chair, Senator Miller. Signing do not calendar: Senators Duncan, Taylor. The bill is on todays calendar. SB 189 The Rules Committee considered SENATE BILL NO. 189 An Act relating to eligibility for and default, collection, and repayment of student loans; relating to nonrenewal of certain occupational licenses for default on a student loan; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Duncan, Taylor, Torgerson. The bill is on todays calendar. HCR 4 The Rules 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 to calendar: Senator Leman, Chair, Senators Taylor, Torgerson, Miller. Signing no recommendation: Senator Duncan. The resolution is on todays calendar. 1997-05-05 Senate Journal Page 1679 HB 13 The Rules Committee considered CS FOR HOUSE BILL NO. 13(FIN) am An Act relating to marine safety training and education programs. Signing to calendar: Senator Leman, Chair, Senators Duncan, Miller, Torgerson. The bill is on todays calendar. HB 26 The Rules Committee considered HOUSE BILL NO. 26 An Act relating to big game tags for wolves; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Miller, Torgerson. Signing no recommendation: Senator Duncan. The bill is on todays calendar. HB 46 The Rules Committee considered CS FOR HOUSE BILL NO. 46(RES) An Act relating to mining; 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 BILLS SB 28 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 28 BY SENATOR TORGERSON, entitled: An Act relating to the unincorporated community capital project matching grant program; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs and Finance Committees. 1997-05-05 Senate Journal Page 1680 SB 194 SENATE BILL NO. 194 BY SENATOR HALFORD, entitled: An Act relating to annual reports and amendments to articles of incorporation of corporations organized under 43 U.S.C. 1601 - 1629e, as amended (Alaska Native Claims Settlement Act). was read the first time and referred to the State Affairs Committee. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 11 SENATE BILL NO. 11 An Act relating to state aid for school construction debt; and providing for an effective date was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1671. Objections were heard, then withdrawn. There being no further objections, CS FOR SENATE BILL NO. 11(FIN) An Act establishing a 50 percent reimbursement program for municipal bonds, notes, or other indebtedness incurred for school construction; relating to administrative costs of reimbursing municipal school construction debt; relating to municipal school construction project eligibility requirements for receiving state reimbursement; and providing for an effective date 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. Senator Duncan objected. The question being: Shall CS FOR SENATE BILL NO. 11(FIN) be advanced to third reading? The roll was taken with the following result: 1997-05-05 Senate Journal Page 1681 SB 11 CSSB 11(FIN) Advance from Second to Third Reading? YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, the bill failed to advance to third reading. CS FOR SENATE BILL NO. 11(FIN) will appear on the May 6 calendar. SB 178 SENATE BILL NO. 178 An Act giving notice of and approving a lease-purchase agreement by the Department of Administration for an office building in Anchorage; relating to the financing of the lease- purchase agreement; and providing for an effective date was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1643. Without objection, CS FOR SENATE BILL NO. 178(FIN) An Act stating legislative intent regarding parking, maintenance, leasing, and other requirements for a certain building acquired by the state in downtown Anchorage; giving notice of and approving a lease- purchase agreement by the Department of Administration for an office building in Anchorage; relating to the financing of the lease- purchase agreement; and providing for an effective date was adopted and read the second time. Senator Halford offered Amendment No. 1 : 1997-05-05 Senate Journal Page 1682 SB 178 Page 1, line 3: Delete "a lease-purchase agreement" Insert "the purchase" Page 1, line 4: Delete "Department of Administration for" Insert "Alaska Housing Finance Corporation of" Page 1, lines 4 - 5: Delete "relating to the financing of the lease-purchase agreement;" Page 1, line 8: Delete "lease-purchase agreement" Insert "purchase" Page 1, line 9: Delete "agreement" Insert "purchase" Page 1, line 11: Delete "agreement is entered into" Insert "purchase is made" Page 2, lines 19 - 20: Delete all material. Renumber the following paragraphs accordingly. Page 2, line 22: Delete "lease-purchase agreement" Insert "purchase authorized" Page 2, following line 22: Insert a new paragraph to read: "(2) "purchase" means the purchase that is authorized under sec. 2 of this Act;" 1997-05-05 Senate Journal Page 1683 SB 178 Renumber the following paragraph accordingly. Page 2, line 25, through page 3, line 3: Delete all material and insert: "* Sec. 2. NOTICE AND APPROVAL OF BUILDING PURCHASE. The Alaska Housing Finance Corporation is authorized to purchase an office building in Anchorage, Alaska, under AS18.55.010 - 18.55.290. The building shall be leased to the state for the offices of state agencies other than the corporation. The maximum amount of the purchase price may not exceed $35,700,000, excluding lease buy-outs and other costs related to the purchase. This section constitutes the review and approval required by AS18.55.100(d)." Senator Halford moved for the adoption of Amendment No. 1. Senator Duncan objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 178(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Miller, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Mackie, Parnell, Phillips Excused: Kelly Taylor changed from "Nay" to "Yea". Hoffman changed from "Yea" to "Nay". and so, Amendment No. 1 was adopted. 1997-05-05 Senate Journal Page 1684 SB 178 Senator Donley offered Amendment No. 2 : Page 1, line 3, following "agreement;": Insert "relating to the payment of municipal property taxes on certain buildings;" Page 1, following line 4: Insert a new bill section to read: "* Section 1. AS29.45.030(a)(1) is amended to read: (1) municipal property, including property held by a public corporation of a municipality, or state property, or land that is in the trust established by the Alaska Mental Health Enabling Act of 1956, P.L. 84-830, 70 Stat. 709, except that (A) a private leasehold, contract, or other interest in the property is taxable to the extent of the interest; (B) notwithstanding any other provision of law, property acquired by an agency, corporation, or other entity of the state through foreclosure or deed in lieu of foreclosure and retained as an investment of a state entity is taxable; this subparagraph does not apply to federal land granted to the University of Alaska under AS14.40.380 or 14.40.390, or to other land granted to the university by the state to replace land that had been granted under AS14.40.380 or 14.40.390; (C) an ownership interest of a municipality in real property located outside the municipality acquired after December 31, 1990, is taxable by another municipality; however, a borough may not tax an interest in real property located in the borough and owned by a city in that borough; (D) after the state purchases a building that is in existence when the purchase is made, the state shall pay the full amount of any property taxes levied on the building by a municipality;" Page 1, line 5: Delete "* Section 1." Insert "* Sec. 2." 1997-05-05 Senate Journal Page 1685 SB 178 Renumber the following bill section accordingly. Senator Donley 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: CSSB 178(FIN) am Second Reading Amendment No. 2 YEAS: 3 NAYS: 16 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Ellis, Halford Nays: Adams, Duncan, Green, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly and so, Amendment No. 2 failed. Senator Donley offered Amendment No. 3 : Page 1, line 1, following "Act": Insert "stating legislative intent about parking at a certain building;" Page 1, following line 4: Insert a new bill section to read: "* Section 1. LEGISLATIVE INTENT. It is the intent of the legislature that the state may not charge state employees who are paid at a salary that is less than the amount identified for a Range 16 on the salary schedule established under AS39.27.011 for parking at the Bank of America Building that is the subject of the lease- purchase agreement in sec. 2 of this Act and that is located in downtown Anchorage." 1997-05-05 Senate Journal Page 1686 SB 178 Page 1, line 5: Delete "* Section 1. " Insert "* Sec. 2. " Renumber the following bill section accordingly. Senator Donley moved for the adoption of Amendment No. 3. Senator Duncan objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSB 178(FIN) am Second Reading Amendment No. 3 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Ellis, Halford, Ward, Wilken Nays: Adams, Duncan, Green, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson Excused: Kelly and so, Amendment No. 3 failed. Senator Pearce offered Amendment No. 4 : Page 3, line 2, following term.: Insert When the building is state property exempt under AS 29.45.030(a)(1), the state shall pay to the municipality under AS 29.45.030(a)(1)(A) the property taxes attributable to the private tenants in the office building. Senator Pearce moved for the adoption of Amendment No. 4. Without objection, Amendment No. 4 was adopted. 1997-05-05 Senate Journal Page 1687 SB 178 Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall CS FOR SENATE BILL NO. 178(FIN) am be advanced to third reading? The roll was taken with the following result: CSSB 178(FIN) am Advance from Second to Third Reading? YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, the bill failed to advance to third reading. CS FOR SENATE BILL NO. 178(FIN) am An Act stating legislative intent regarding parking, maintenance, leasing, and other requirements for a certain building acquired by the state in downtown Anchorage; giving notice of and approving the purchase by the Alaska Housing Finance Corporation of an office building in Anchorage; and providing for an effective date will appear on the May 6 calendar. SB 189 SENATE BILL NO. 189 An Act relating to eligibility for and default, collection, and repayment of student loans; relating to nonrenewal of certain occupational licenses for default on a student loan; and providing for an effective date was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1644. Without objection, CS FOR SENATE BILL NO. 189(FIN) was adopted and read the second time. 1997-05-05 Senate Journal Page 1688 SB 189 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. 189(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 189(FIN) An Act relating to eligibility for and default, collection, and repayment of student loans; relating to nonrenewal of certain occupational licenses for default on a student loan; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 189(FIN) Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly and so, CS FOR SENATE BILL NO. 189(FIN) 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 and the bill was referred to the Secretary for engrossment. SECOND READING OF HOUSE BILLS HB 13 CS FOR HOUSE BILL NO. 13(FIN) am An Act relating to marine safety training and education programs was read the second time. 1997-05-05 Senate Journal Page 1689 HB 13 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. 13(FIN) am was read the third time. Senators Mackie, Torgerson, Leman, Taylor, Duncan, Phillips, Lincoln moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: Shall CS FOR HOUSE BILL NO. 13(FIN) am An Act relating to marine safety training and education programs pass the Senate? The roll was taken with the following result: CSHB 13(FIN) am Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly and so, CS FOR HOUSE BILL NO. 13(FIN) am passed the Senate, was signed by the President and Secretary and returned to the House. HB 26 HOUSE BILL NO. 26 An Act relating to big game tags for wolves; and providing for an effective date was read the second time. 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. HOUSE BILL NO. 26 was read the third time. 1997-05-05 Senate Journal Page 1690 HB 26 The question being: Shall HOUSE BILL NO. 26 An Act relating to big game tags for wolves; and providing for an effective date pass the Senate? The roll was taken with the following result: HB 26 Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis Excused: Kelly and so, HOUSE BILL NO. 26 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 Duncan gave notice of reconsideration. HB 46 CS FOR HOUSE BILL NO. 46(RES) An Act relating to mining; and providing for an effective date was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1101. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 46(FIN) was adopted and read the second time. Senator Sharp offered Amendment No. 1 : Page 14, line 27, following location,: Insert license, 1997-05-05 Senate Journal Page 1691 HB 46 Senator Sharp moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senators Wilken, Sharp, Taylor, Green, Pearce, Miller moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 46(FIN) am S be advanced to third reading? The roll was taken with the following result: SCS CSHB 46(FIN) am S Advance from Second to Third Reading? YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, the bill failed to advance to third reading. SENATE CS FOR CS FOR HOUSE BILL NO. 46(FIN) am S will appear on the May 6 calendar. THIRD READING OF SENATE BILLS SB 34 CS FOR SENATE BILL NO. 34(FIN) was read the third time. 1997-05-05 Senate Journal Page 1692 SB 34 The question being: Shall CS FOR SENATE BILL NO. 34(FIN) An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a Soldotna maintenance facility of the Department of Transportation and Public Facilities with total construction, acquisition, and other costs, excluding lease payments, of the project not exceeding $4,900,000 pass the Senate? The roll was taken with the following result: CSSB 34(FIN) Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Halford Excused: Kelly and so, CS FOR SENATE BILL NO. 34(FIN) passed the Senate and was referred to the Secretary for engrossment. THIRD READING OF HOUSE BILLS HB 66 CS FOR HOUSE BILL NO. 66(HES) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 66(HES) 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 pass the Senate? The roll was taken with the following result: 1997-05-05 Senate Journal Page 1693 HB 66 CSHB 66(HES) Third Reading - Final Passage YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Ellis, Halford, Leman, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Adams, Duncan, Green, Hoffman, Lincoln, Mackie, Sharp, Taylor Excused: Kelly Halford changed from "Nay" to "Yea". and so, CS FOR HOUSE BILL NO. 66(HES) passed the Senate. Senator Halford gave notice of reconsideration. HB 23 CS FOR HOUSE BILL NO. 23(RES) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 23(RES) An Act relating to management of state land; and relating to access to land pass the Senate? The roll was taken with the following result: CSHB 23(RES) Third Reading - Final Passage YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, CS FOR HOUSE BILL NO. 23(RES) passed the Senate. Senator Lincoln gave notice of reconsideration. 1997-05-05 Senate Journal Page 1694 SECOND READING OF HOUSE RESOLUTIONS HCR 4 CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) Relating to records generated and maintained by the Department of Health and Social Services, was read the second time. CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) was before the Senate on final passage. The question being: Shall CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) Relating to records generated and maintained by the Department of Health and Social Services, pass the Senate? The roll was taken with the following result: CSHCR 4(JUD) Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly and so, CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) passed the Senate, was signed by the President and Secretary and returned to the House. CITATIONS Honoring - Lathrop High School Symphonic Band Senator(s) Wilken, Miller, Sharp, Hoffman, Taylor, Kelly, Duncan, Pearce, Lincoln, Mackie, Leman Honoring - Michelle Titus, Miss Alaska 1997 Representative(s) Kelly Senator(s) Wilken, Sharp, Hoffman, Taylor, Kelly, Duncan, Pearce, Lincoln, Leman 1997-05-05 Senate Journal Page 1695 Honoring - Dillingham Volleyball Team Senator(s) Hoffman, Taylor, Kelly, Duncan, Pearce, Halford, Lincoln, Wilken, Mackie, Leman Representative(s) Ivan Honoring - Captain Bienvenido Abiles Representative(s) Austerman Senator(s) Mackie, Hoffman, Taylor, Kelly, Duncan, Pearce, Lincoln, Leman In Memoriam - Fred Voge Representative(s) Austerman Senator(s) Mackie, Hoffman, Taylor, Kelly, Duncan, Pearce, Lincoln, Leman Senator Taylor 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 RECONSIDERATION OF SENATE RESOLUTIONS SCR 12 Senator Taylor requested that the reconsideration on SENATE CONCURRENT RESOLUTION NO. 12 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, be taken up. SENATE CONCURRENT RESOLUTION NO. 12 was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CONCURRENT RESOLUTION NO. 12 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, pass the Senate? The roll was taken with the following result: 1997-05-05 Senate Journal Page 1696 SCR 12 SCR 12 Final Passage - On Reconsideration YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Pearce Excused: Kelly and so, SENATE CONCURRENT RESOLUTION NO. 12 failed. RECONSIDERATION OF HOUSE BILLS HB 9 Senator Taylor requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S 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 mental examinations of victims in criminal prosecutions; 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 pass the Senate? The roll was taken with the following result: 1997-05-05 Senate Journal Page 1697 HB 9 SCS CSHB 9(FIN) am S Third Reading - On Reconsideration Effective Date Court Rules YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly and so, SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S passed the Senate on reconsideration. 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 changes. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 6 Senator Phillips requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S 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 be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S was before the Senate on reconsideration. Senator Phillips moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 6. Without objection, the bill was returned to second reading. 1997-05-05 Senate Journal Page 1698 HB 6 Senator Phillips offered Amendment No. 6 : Page 4, lines 23 - 24: Delete "name or names of the parent, parents, or" Insert "names of the minor's parents, except the name of a noncustodial parent, or, if appropriate, the name of the" Page 5, lines 15 - 16: Delete "name or names of the parent, parents, or" Insert "names of the minor's parents, except the name of a noncustodial parent, or, if appropriate, the name of the" Page 5, lines 21 - 22: Delete "name or names of the parent, parents, or" Insert "names of the minor's parents, except the name of a noncustodial parent, or, if appropriate, the name of the" Senator Phillips moved for the adoption of Amendment No. 6. Senator Green objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: SCS CSHB 6(FIN) am S Second Reading Amendment No. 6 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Mackie, Phillips, Sharp, Taylor Nays: Adams, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Miller, Parnell, Pearce, Torgerson, Ward, Wilken Excused: Kelly and so, Amendment No. 6 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S was automatically in third reading. 1997-05-05 Senate Journal Page 1699 HB 6 The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S 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 pass the Senate? The roll was taken with the following result: SCS CSHB 6(FIN) am S Third Reading - On Reconsideration Court Rule YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S passed the Senate on reconsideration. 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 and the bill was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 34 CS FOR SENATE BILL NO. 34(FIN) An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a Soldotna maintenance facility of the Department of Transportation and Public Facilities with total construction, acquisition, and other costs, excluding lease payments, of the project not exceeding $4,900,000 was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1997-05-05 Senate Journal Page 1700 SB 189 CS FOR SENATE BILL NO. 189(FIN) An Act relating to eligibility for and default, collection, and repayment of student loans; relating to nonrenewal of certain occupational licenses for default on a student loan; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 6 SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 9 SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S 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 mental examinations of victims in criminal prosecutions; 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SB 89 CS FOR SENATE BILL NO. 89(L&C) 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 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 12:00 p.m., May 5, 1997. 1997-05-05 Senate Journal Page 1701 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 6, 1997. Without objection, the Senate adjourned at 3:00 p.m. Nancy Quinto Secretary of the Senate May 1997 1997-05-05 Senate Journal Page 1702 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 FINANCE SENATE FINANCE 532 MAY 05 MONDAY 8:00 AM SB 107APPROPRIATIONS: CAPITAL & FUNDS HB 153ALIENS AND ASSISTANCE PROGRAMS HB 146PUPIL COMPETENCY TESTING SB 139AID TO VOLUNTEER FIRE DEPARTMENTS <BILLS PREVIOUSLY HEARD/SCHEDULED> MAY 05 MONDAY 4:30 PM SB 107APPROPRIATIONS: CAPITAL & FUNDS MAY 06 TUESDAY 8:00 AM -- TIME CHANGE -- SB 107APPROPRIATIONS: CAPITAL & FUNDS HB 153ALIENS AND ASSISTANCE PROGRAMS HB 146PUPIL COMPETENCY TESTING SB 139AID TO VOLUNTEER FIRE DEPARTMENTS SB 114EMPLOYEES: POLITICAL CONTRIB & ACTIVITIES SB 118PERMANENT FUND CORP. INVESTMENTS SB 125AIRPORT DUTY-FREE CONCESSIONS SB 25TELEPHONE VICTIM NOTIFICATION SYSTEM HB 250NORTH SLOPE GAS COMM. TEAM <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- 1997-05-05 Senate Journal Page 1703 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAY 05 MONDAY 3:15 PM -- MEETING POSTPONED TO 3:15 PM -- + SB 36PUBLIC SCHOOL FUNDING -- BILLS BELOW RESCHEDULED TO 5/7/97 -- + SB 142REGIONAL EDUCATIONAL ATTENDANCE AREAS + SB 193ADMINISTRATIVE SPENDING LIMIT FOR SCHOOLS + SB 182STATE BOARD OF CHARTER SCHOOLS <BILLS HELD FROM PREVIOUS MEETINGS> MAY 07 WEDNESDAY 9:00 AM + SB 142REGIONAL EDUCATIONAL ATTENDANCE AREAS + SB 193ADMINISTRATIVE SPENDING LIMIT FOR SCHOOLS + SB 182STATE BOARD OF CHARTER SCHOOLS + HB 158RIGHT TO ATTEND SCHOOL ON PART-TIME BASIS + HB 256REGULATION OF POSTSECONDARY SCHOOLS <PENDING REFERRAL> HCR 1880 YEAR ANNIV OF UNIV. ALASKA FAIRBANKS + <BILLS HELD FROM PREVIOUS MEETINGS> ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 05 MONDAY 1:30 PM HB 50BROADCASTING OF RAFFLES AND CLASSICS HB 163GAMMA-HYDROXYBUTYRATE AS CONTROLLED SUBST <BILLS PREVIOUSLY HEARD> MAY 07 WEDNESDAY 1:00 PM SENATE FINANCE 532 -- TIME CHANGE AND LOCATION CHANGE -- JOINT JUDICIARY MEETING WITH COMMISSIONER OTTE - APSIN <BILLS PREVIOUSLY HEARD> MAY 09 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAY 06 TUESDAY 1:30 PM -- RESCHEDULED FROM 05/01/97 -- + HJR 31FEDERAL FOOD, DRUG, AND COSMETIC ACT ---------------------------------------- 1997-05-05 Senate Journal Page 1704 RESOURCES BUTROVICH ROOM 205 MAY 05 MONDAY 3:30 PM + HB 151BIG GAME GUIDES/REGISTR. AREAS/TRANSPORT ---------------------------------------- RULES FAHRENKAMP RM 203 MAY 05 MONDAY 3:15 PM SB 107APPROPRIATIONS: CAPITAL & FUNDS <PENDING REFERRAL> SB 117INFANT CARE CURRICULUM IN PUBLIC SCHOOLS HB 146PUPIL COMPETENCY TESTING <PENDING REFERRAL> HJR 14SUPPORT AMERICAN LAND SOVEREIGNTY ACT SJR 30DEFENSE OF ALASKA FROM NUCLEAR ATTACK HB 35EXTEND REG. ECONOMIC ASST PROGRAM MAY 06 TUESDAY 0:00 AM -- TIME TO BE ANNOUNCED -- HB 83COMMERCIAL VEHICLE INSPECTIONS SB 107APPROPRIATIONS: CAPITAL & FUNDS <PENDING REFERRAL> HB 146PUPIL COMPETENCY TESTING <PENDING REFERRAL> ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAY 06 TUESDAY 3:30 PM <PREVIOUSLY SCHEDULED BILLS> + SJR 28FED AUDIT OF NATIVE REGIONAL CORPORATIONS -- SJR 28 RESCHEDULED FROM 05/01/97 -- + SB 155NOTICE & PUBLICATION OF REGULATIONS + SB 194ANCSA CORPORATIONS MAY 08 THURSDAY 3:30 PM + SB 183VOTING & ELECTIONS + SB 185VOTER LISTS & VOTER REGISTRATION ---------------------------------------- 1997-05-05 Senate Journal Page 1705 TRANSPORTATION BUTROVICH ROOM 205 MAY 06 TUESDAY 1:30 PM + SB 157CHILDRENS TRUST LICENSE PLATES + HJR 27FAA COMMUTER RULE <BILLS PREVIOUSLY SCHEDULED> + SB 192MAINTENANCE & REPAIR OF STATE VESSELS + HB 246GEORGE W. PALMER MEMORIAL BRIDGE HB 222ABANDONED,WRECKED,OR JUNK VEHICLES HB 11DRIVERS LICENSE REQUIREMENTS FOR MINORS MAY 08 THURSDAY 1:30 PM SB 156STUDDED TIRES SB 127PERSONNEL RECORDS OF ALASKA RAILROAD <BILLS PREVIOUSLY HEARD> JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 75 AND 76 SENATE FINANCE 532 MAY 05 MONDAY 3:30 PM -- MEETING CANCELLED -- MAY 06 TUESDAY 3:30 PM LEG, GOV, FRONT SECTION, FISCAL NOTES, INTENT LANGUAGE, OPEN ITEMS OTHER MEETINGS DEFERRED MAINTENANCE TASK FORCE BUTROVICH ROOM 205 MAY 06 TUESDAY 9:00 AM PRESENTATIONS: COURT, UA, DOT, DOE