Legislature(1997 - 1998)
1997-05-10 Senate Journal
Full Journal pdf1997-05-10 Senate Journal Page 1937 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Eighteenth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:32 a.m. The roll showed nineteen members present. Senator Kelly was excused from a call of the Senate. The prayer was offered by the Chaplain, Senator Lincoln. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Senator Lincoln read the following poem from Guide My Feet by Marian Wright Edelman. God, protect us from and keep us from being Hypocrites Experts Attention huggers Blamers and complainers Snake oil salespeople Takers and just talkers Lone Rangers Excuse makers Fair weather workers Braggers Magic bullet seekers and sellers and Quitters. God, send us and help us to be Righteous warriors Moral guerrillas Scut workers 1937 1997-05-10 Senate Journal Page 1938 Nitty-gritty doers Detail tenders Long-distance runners Energetic tryers Risk takers Sharers Team players Organizers and mobilizers and Servant leaders, to save our children. God, please send the right partners for children and the right coworkers for the poor to balance those who speak for powerful adults and rich interest groups. God, please send new voices for goodness and tolerance to challenge those who teach our children to hate and who prey on our racial and class fears. God, please bring justice. Lord, please watch over all of Your people as we begin our migration to our respective homes. Amen. Senator Leman led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred seventeenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 1997-05-10 Senate Journal Page 1939 MESSAGES FROM THE GOVERNOR SB 41 Message dated and received May 9 was read, stating: Dear President Miller: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 41(JUD) An Act relating to environmental audits to determine compliance with certain laws, permits, and regulations. The partnership this Administration has formed with Alaska industry is a source of much pride and benefit to the state. These partnerships have led directly to the creation of new jobs for Alaskans, new state revenues and a generally stronger economy. Another less publicized yet equally important benefit of these partnerships to Alaskas future is the improved environmental protections we have put in place. As a result of various actions by my Administration, our industry partners are operating in a way that better protects Alaskas environment. I am committed to the use of additional incentives to further improve our industries already good record. Environmental self-audits and prompt correction of the environmental problems identified in those audits are part of doing development right. I endorse appropriate incentives to promote the use of environmental audits. One of the incentives in the bill I support is not penalizing corporations when they report environmental violations uncovered in an audit and promptly correct them. This is current Department of Environmental Conservation practice. 1997-05-10 Senate Journal Page 1940 SB 41 I cannot, however, in good conscience, support an incentive which allows information regarding environmental practices that could lead to releases of toxic substances into the air or water to be kept confidential and withheld from the public. Our partnership with the industry and the public is based on being open and accountable to the public. I cannot support legislation that creates a perception of secrecy and risks undermining public trust in those partnerships. This bill started out with considerable problems. It gave immunity from criminal violations and occupational safety and health violations, it kept confidential the entire audit report, and it did not require companies to promptly discontinue or correct violations found. I appreciate the Legislatures cooperation in adding, at the suggestion of the Departments of Environmental Conservation and Law, measures to prevent abuse of the bills confidentiality and immunity provisions. However, preventing abuses does not correct the underlying flaw in this bill--allowing information regarding environmental practices to remain confidential. Under DECs current policies, companies conducting environmental audits and making plans for prompt corrective action will not face enforcement actions. Several businesses in Alaska already conduct audits of their environmental practices. None of these audits have been used against a company, either by a government agency or in a private lawsuit. In addition, existing law already establishes a number of ways a company can maintain confidentiality when appropriate. Alaska businesses have told the Department of Environmental Conservation what the best incentives are to encourage operators to actively review their compliance with environmental rules. They include tax credits or small technology grants, expedited permitting, increased operating flexibility, multi-media or systems-level inspections, reduced inspection frequency, and a reduction in penalties along the lines of the Department of Environmental Conservations current policy. Confidentiality of audit information was not one of the main incentives suggested. 1997-05-10 Senate Journal Page 1941 SB 41 I have directed the Department of Environmental Conservation to continue to develop incentives and policies that reward individual and corporate responsibility. I am confident we can provide that encouragement without harming public confidence in our shared goal of proving that, in Alaska, we do development right. For these reasons, I have vetoed HCS CSSB 41 (JUD). Sincerely, /s/ Tony Knowles Governor SB 136 Message dated and received May 9 was read, stating: Dear President Miller: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 136(FIN) An Act relating to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills. This bill contains provisions that would control or limit the budgeting power given exclusively to the governor in art. IX, sec.12 of the Alaska Constitution. Among other restrictions, this bill does not allow the governor to make any changes in the proposed budget between December, when it is first presented, and January, when it is actually introduced to the legislature, despite any new information that requires changes. No branch of government should be limited in making changes to a proposed budget based on the best information available. Such a restriction denying the ability to respond to pertinent budget information is simply bad public policy. 1997-05-10 Senate Journal Page 1942 SB 136 For these reasons I have vetoed SB 136. Sincerely, /s/ Tony Knowles Governor HB 58 Message dated and received May 9 was read, stating: Dear President Miller: On this date I have signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S 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. Chapter 26, SLA 1997 Effective Date: 8/7/97 This bill represents a realistic compromise on the important issue of civil justice reform for Alaskans. I sign it into law with the belief it protects an individuals right to fair compensation while also making more friendly Alaskas business environment. 1997-05-10 Senate Journal Page 1943 HB 58 I believe good tort reform makes the civil justice system more efficient, provides for fair, but not excessive compensation for injury, provides for reasonable punitive damage awards sufficient to deter dangerous and bad conduct that harms innocent Alaskans, and tries to favorably affect the costs to Alaskans purchasing liability insurance. Although it is impossible to accurately predict whether this bill will accomplish all these goals, it does provide for the necessary collection of data on both civil litigation and liability rates that will allow for critical assessment of whether tort reform really has an impact on Alaskans. I am pleased many parts of this bill had their genesis in the work of the Governors Task Force on Civil Justice Reform which worked so diligently during the fall of 1996. The work of the task force demonstrates how sensible tort reform, grounded in good public policy, can make reasonable and fair changes to the civil justice system. Some Alaskans have asked what impact, if any, this bill has on the Exxon Valdez case. The Legislature made efforts in hearings and in the bill itself, to make clear this new law is not intended to affect any litigation arising out of the Exxon Valdez oil spill. This is expressly stated in the intent language of the bill. Without these assurances, I would not have permitted this bill to become law. I plan to monitor the implementation of this law with the expectation it will serve to increase efficiency and access by Alaskans to the civil justice system. Sincerely, /s/ Tony Knowles Governor 1997-05-10 Senate Journal Page 1944 MESSAGES FROM THE HOUSE SB 177 Message of May 9 was read, stating the House passed and returned: SENATE BILL NO. 177 An Act relating to the international trade and business endowment; and providing for an effective date. The bill was referred to the Secretary for enrollment. SB 189 Message of May 9 was read, stating the House passed and returned: 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. The bill was referred to the Secretary for enrollment. HB 83 Message of May 9 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 83(STA), thus adopting: CS FOR HOUSE BILL NO. 83(STA) am S An Act relating to regulation of commercial vehicles; and providing for an effective date. Message of May 9 was read, stating the House passed and transmitted for consideration: 1997-05-10 Senate Journal Page 1945 FIRST READING AND REFERENCE OF HOUSE BILLS HB 159 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 159(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to sale, gift, exchange, possession, and purchase of tobacco and tobacco products; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. HB 189 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco products. was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. SB 103 Message of May 9 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 103(STA) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 103(FIN) An Act relating to hearings before and fees for the State Commission for Human Rights; and providing for an effective date. Senator Taylor moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 103(STA)? The roll was taken with the following result: 1997-05-10 Senate Journal Page 1946 SB 103 HOUSE CS CSSB 103(FIN) Shall the Senate Concur in the House amendment to CSSB 103(STA) am? Effective Date 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, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 103(FIN) An Act relating to hearings before and fees for the State Commission for Human Rights; and providing for an effective date. 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. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 104 Message of May 9 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 104(FIN) am with the following amendment: HOUSE CS FOR 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 1997-05-10 Senate Journal Page 1947 SB 104 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. Senator Taylor moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 104(FIN) am? The roll was taken with the following result: HOUSE CS CSSB 104(FIN) Shall the Senate Concur in the House amendment to CSSB 104(FIN) am? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Halford, Hoffman, Lincoln, Taylor Excused: Kelly and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR 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 1997-05-10 Senate Journal Page 1948 SB 104 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. Senator Taylor moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: HOUSE CS CSSB 104(FIN) Effective Date Clause 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, the effective date clause was adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Message dated May 9 was read stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Twentieth Alaska Legislature at 2:15 p.m. on Sunday, May 11, 1997 for the purposes of considering the Governors actions. 1997-05-10 Senate Journal Page 1949 Senator Taylor moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Senator Duncan objected. The question being: Shall the Senate accept the House invitation to meet in Joint Session? The roll was taken with the following result: Accept invitation to Joint Session 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 Senate accepted the House invitation. The Secretary was requested to notify the House. STANDING COMMITTEE REPORTS HJR 27 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 27 Requesting the Federal Aviation Administration to grant exemptions from the commuter rule in order to maintain a high level of air safety and air transportation service in rural Alaska. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Duncan, Taylor, Torgerson, Miller. The resolution is on todays calendar. HJR 31 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 31 Requesting the United States Congress to amend the Federal Food, Drug, and Cosmetic Act. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Taylor, Miller, Torgerson. Signing no recommendation: Senator Duncan. 1997-05-10 Senate Journal Page 1950 HJR 31 The resolution is on todays calendar. HJR 33 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 33(TRA) Relating to Federal Aviation Administration approval of installations of tundra tires on aircraft. Signing to calendar: Senator Leman, Chair, Senators Duncan, Miller, Torgerson. The resolution is on todays calendar. HJR 35 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 35 Encouraging federal legislation to improve federal fiscal terms for a trans-Alaska gas pipeline. Signing to calendar and do pass: Senator Leman Chair. Signing to calendar: Senators Duncan, Miller, Torgerson. The resolution is on todays calendar. HB 127 The Rules Committee considered CS FOR HOUSE BILL NO. 127(FIN) An Act relating to the citizen review board and panels for permanency planning for certain children in state custody; renaming the Citizens Review Panel for Permanency Planning as the Citizens Foster Care Review Board; extending the termination date of the Citizens Foster Care Review Board; relating to disclosures about certain minors; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Chair, Signing to calendar: Senators Duncan, Miller, Torgerson. The bill is on todays calendar. 1997-05-10 Senate Journal Page 1951 HB 198 The Rules Committee considered CS FOR HOUSE BILL NO. 198(FIN) An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Duncan, Miller, Torgerson. The bill is on todays calendar. HB 222 The Rules Committee considered CS FOR HOUSE BILL NO. 222(TRA) am An Act relating to abandoned, wrecked, or junk vehicles. Signing to calendar: Senator Leman, Chair, Senators Duncan, Miller, Torgerson. The bill is on todays calendar. HB 256 The Rules Committee considered HOUSE BILL NO. 256 am An Act relating to calculation of the default rate for purposes of the student loan program and to regulation of postsecondary educational institutions; and providing for an effective date. Signing to calendar: Senator Leman, Chair, Senators Duncan, Miller, Torgerson. The bill is on todays calendar. HB 266 The Rules Committee considered HOUSE BILL NO. 266 An Act relating to limited liability companies and limited partnerships; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Duncan, Miller, Torgerson. The bill is on todays calendar. 1997-05-10 Senate Journal Page 1952 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 204 SENATE BILL NO. 204 BY SENATOR TAYLOR, entitled: An Act providing the commissioner of natural resources with the authority to make grants of state land to municipalities for the construction and operation of sport and recreational facilities and structures. was read the first time and referred to the Community and Regional Affairs and Resources Committees. SB 205 SENATE BILL NO. 205 BY SENATOR LEMAN, entitled: An Act relating to occupational health and safety audits to determine compliance with certain laws, permits, and regulations. was read the first time and referred to the Labor and Commerce and Judiciary Committees. CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 127 CS FOR HOUSE BILL NO. 127(FIN) An Act relating to the citizen review board and panels for permanency planning for certain children in state custody; renaming the Citizens Review Panel for Permanency Planning as the Citizens Foster Care Review Board; extending the termination date of the Citizens Foster Care Review Board; relating to disclosures about certain minors; 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. Senator Duncan objected. 1997-05-10 Senate Journal Page 1953 HB 127 The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CSHB 127(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 HOUSE BILL NO. 127(FIN) will appear on the May 11 calendar. HB 198 CS FOR HOUSE BILL NO. 198(FIN) An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date was read the second time. Senator Lincoln offered Amendment No. 1 : Page 2, following line 9: Insert a new bill section to read: "* Sec. 2. AS 37.05.146 is amended to read: Sec. 37.05.146. Definition of program receipts and non- general fund program receipts. In AS 37.05.142 - 37.05.146 and AS 37.07.080, "program receipts" means fees, charges, income earned on assets, and other state money received by a state agency in connection with the performance of its functions; all program receipts except the following are general fund program receipts: (1) federal receipts; (2) University of Alaska receipts (AS 14.40.491); 1997-05-10 Senate Journal Page 1954 HB 198 (3) individual, foundation, or corporation gifts, grants, or bequests that by their terms are restricted to a specific purpose; (4) receipts of the following funds: (A) highway working capital fund (AS 44.68.210); (B) correctional industries fund (AS 33.32.020); (C) loan funds; (D) international airport revenue fund (AS 37.15.430); (E) funds managed by the Alaska Housing Finance Corporation (AS 18.56.020), the Alaska Railroad Corporation (AS 42.40.010), the Municipal Bond Bank Authority (AS 44.85.020), the Alaska Aerospace Development Corporation (AS 14.40.821), or the Alaska Industrial Development and Export Authority (AS 44.88.020); (F) fish and game fund (AS 16.05.100); (G) school fund (AS 43.50.140); (H) training and building fund (AS 23.20.130); (I) retirement funds (AS 14.25, AS 22.25, AS 26.05.222, AS39.35, and former AS 39.37); (J) permanent fund (art. IX, sec. 15, Alaska Constitution); (K) public school fund (AS 37.14.110); (L) second injury fund (AS 23.30.040); (M) fishermen's fund (AS 23.35.060); (N) FICA administration fund (AS 39.30.050); (O) receipts of the employee benefits program established under AS 39.30.150 - 39.30.180; (P) receipts of the deferred compensation program established under AS 39.45; (Q) clean air protection fund (AS 46.14.260); (R) receipts of the group insurance programs established under AS 39.30.090; 1997-05-10 Senate Journal Page 1955 HB 198 (S) mental health trust fund (AS 37.14.031); (5) receipts of or from the trust established by AS 37.14.400 - 37.14.450, except reimbursements described in AS 37.14.410; (6) receipts of a dive fishery management assessment levied under AS 43.76.150." Renumber the following bill sections accordingly. Senator Lincoln moved for the adoption of Amendment No. 1. Senator Taylor objected. Senator Taylor moved and asked unanimous consent that the bill be moved to the bottom of todays calendar. Without objection, it was so ordered. HB 222 CS FOR HOUSE BILL NO. 222(TRA) am An Act relating to abandoned, wrecked, or junk vehicles 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. Senator Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CSHB 222(TRA) am Advance from Second to Third Reading? YEAS: 11 NAYS: 5 EXCUSED: 1 ABSENT: 3 Yeas: Donley, Halford, Leman, Mackie, Miller, Pearce, Phillips, Sharp, Taylor, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly Absent: Green, Parnell, Torgerson 1997-05-10 Senate Journal Page 1956 HB 222 and so, the bill failed to advance to third reading. CS FOR HOUSE BILL NO. 222(TRA) am will appear on the May 11 calendar. HB 256 HOUSE BILL NO. 256 am An Act relating to calculation of the default rate for purposes of the student loan program and to regulation of postsecondary educational institutions; 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. Senator Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: HB 256 am Advance from Second to Third Reading? YEAS: 13 NAYS: 5 EXCUSED: 1 ABSENT: 1 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly Absent: Parnell and so, the bill failed to advance to third reading. HOUSE BILL NO. 256 am will appear on the May 11 calendar. 1997-05-10 Senate Journal Page 1957 HB 265 CS FOR HOUSE BILL NO. 265(STA) am An Act relating to pamphlets, publications, plans, and records of state agencies; and relating to reports to and from state agencies and the governor was not received from the Finance Committee; therefore the bill was not before the Senate at this time. HB 266 HOUSE BILL NO. 266 An Act relating to limited liability companies and limited partnerships; and providing for an effective date was read the second time. Senator Taylor moved and asked unanimous consent that the bill be moved to the bottom of todays calendar. Without objection, it was so ordered. THIRD READING OF HOUSE BILLS HB 141 SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) An Act relating to a vessel permit moratorium for the Alaska weathervane scallop fishery; relating to management of the scallop fisheries; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 141(RES) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly Absent: Parnell, Pearce 1997-05-10 Senate Journal Page 1958 HB 141 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) 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. HB 163 HOUSE BILL NO. 163 was read the third time. The question being: Shall HOUSE BILL NO. 163 An Act relating to designating gamma-Hydroxybutyrate as a schedule IVA controlled substance; and providing for an effective date pass the Senate? The roll was taken with the following result: HB 163 Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly Absent: Pearce and so, HOUSE BILL NO. 163 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 signed by the President and Secretary and returned to the House. 1997-05-10 Senate Journal Page 1959 HB 212 Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 212(title am) An Act relating to determination of an established village for purposes of regulating the sale, use, and possession of alcoholic beverages; and providing for an effective date be held to the May 11 calendar. Without objection, it was so ordered. HB 207 SENATE CS FOR CS FOR HOUSE BILL NO. 207(L&C) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 207(L&C) An Act relating to employer drug and alcohol testing programs pass the Senate? The roll was taken with the following result: SCS CSHB 207(L&C) Third Reading - Final Passage YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Duncan, Ellis Excused: Kelly and so, SENATE CS FOR CS FOR HOUSE BILL NO. 207(L&C) passed the Senate. Senator Duncan gave notice of reconsideration. HB 109 SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) was read the third time. 1997-05-10 Senate Journal Page 1960 HB 109 The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 109(RES) 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, SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) 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 Taylor gave notice of reconsideration. HB 243 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243(RES) was read the third time. The question being: Shall CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243(RES) An Act delaying the repeal of the current law regarding subsistence use of fish and game; amending the effective date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective date pass the Senate? The roll was taken with the following result: 1997-05-10 Senate Journal Page 1961 HB 243 CSSSHB 243(RES) Third Reading - Final Passage YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Mackie Excused: Kelly and so, CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243(RES) passed the Senate. Senator Taylor moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSSSHB 243(RES) Effective Date Clause 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, the effective date clause was adopted, and the bill was signed by the President and Secretary and returned to the House. HB 246 HOUSE BILL NO. 246 was read the third time. 1997-05-10 Senate Journal Page 1962 HB 246 The question being: Shall HOUSE BILL NO. 246 An Act naming the George W. Palmer Memorial Bridge pass the Senate? The roll was taken with the following result: HB 246 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, HOUSE BILL NO. 246 passed the Senate, was signed by the President and Secretary and returned to the House. SENATE BILLS IN THIRD READING SB 114 CS FOR SENATE BILL NO. 114(JUD) which had been returned to the Rules Committee (page 1909) was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 114(JUD) am An Act relating to contributions from employee compensation for political purposes; and prohibiting certain kinds of discrimination against employees for political purposes pass the Senate? The roll was taken with the following result: 1997-05-10 Senate Journal Page 1963 SB 114 CSSB 114(JUD) Third Reading - On Reconsideration YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Green, Halford, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Mackie, Wilken Excused: Kelly and so, CS FOR SENATE BILL NO. 114(JUD) passed the Senate, and was referred to the Secretary for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 35 HOUSE JOINT RESOLUTION NO. 35 Encouraging federal legislation to improve federal fiscal terms for a trans-Alaska gas pipeline, was read the second time. Senator Taylor moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the resolution be advanced to third reading? The roll was taken with the following result: HJR 35 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 1997-05-10 Senate Journal Page 1964 HJR 35 and so, the resolution failed to advance to third reading. HOUSE JOINT RESOLUTION NO. 35 will appear on the May 11 calendar. HJR 27 HOUSE JOINT RESOLUTION NO. 27 Requesting the Federal Aviation Administration to grant exemptions from the commuter rule in order to maintain a high level of air safety and air transportation service in rural Alaska, was read the second time. Senator Ward moved and asked unanimous consent for the adoption of the Transportation Senate Committee Substitute offered on page 1779. Without objection, SENATE CS FOR HOUSE JOINT RESOLUTION NO. 27(TRA) was adopted and read the second time. Senator Taylor moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the resolution be advanced to third reading? The roll was taken with the following result: SCS HJR 27(TRA) 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 resolution failed to advance to third reading. SENATE CS FOR HOUSE JOINT RESOLUTION NO. 27(TRA) will appear on the May 11 calendar. 1997-05-10 Senate Journal Page 1965 HJR 27 Senators Hoffman, Lincoln moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. HJR 31 HOUSE JOINT RESOLUTION NO. 31 Requesting the United States Congress to amend the Federal Food, Drug, and Cosmetic Act, was read the second time. Senator Taylor moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the resolution be advanced to third reading? The roll was taken with the following result: HJR 31 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 resolution failed to advance to third reading. HOUSE JOINT RESOLUTION NO. 31 will appear on the May 11 calendar. HJR 33 CS FOR HOUSE JOINT RESOLUTION NO. 33(TRA) Relating to Federal Aviation Administration approval of installations of tundra tires on aircraft, was read the second time. Senator Taylor moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Senator Duncan objected. 1997-05-10 Senate Journal Page 1966 HJR 33 The question being: Shall the resolution be advanced to third reading? The roll was taken with the following result: CSHJR 33(TRA) 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 resolution failed to advance to third reading. CS FOR HOUSE JOINT RESOLUTION NO. 33(TRA) will appear on the May 11 calendar. CITATIONS In Memoriam - Grace Butrovich Senator(s) Miller, Wilken, Sharp, Halford, Lincoln, Duncan, Pearce, Mackie, Adams, R. Phillips, Leman, Kelly, Taylor, Parnell Honoring - Senator John Butrovich Senator(s) Miller, Wilken, Sharp, Halford, Lincoln, Duncan, Pearce, Mackie, Adams, R. Phillips, Leman, Kelly, Taylor, Parnell Honoring - Chugiak High School Choirs Senator(s) R. Phillips, Halford, Lincoln, Duncan, Pearce, Mackie, Sharp, Wilken, Leman, Kelly, Taylor, Parnell Honoring - Andrew Vanderjack and Nick Polasaky, Eagle Scouts Representative(s) Elton, Hudson Senator(s) Duncan, Lincoln, Pearce, Mackie, Sharp, Wilken, Leman, Kelly, Taylor, Parnell 1997-05-10 Senate Journal Page 1967 Honoring - Joli Brian Morgan Senator(s) Hoffman, Lincoln, Duncan, Pearce, Mackie, Sharp, Kelly, Taylor Representative(s) Ivan Honoring - A Piece of My Heart Production Senator(s) Kelly, Lincoln, Duncan, Pearce, Mackie, Sharp, Wilken, Taylor Honoring - Jamie Nicole Bratten, Record Setting Swimmer Representative(s) Kelly Senator(s) Lincoln, Duncan, Pearce, Mackie, Sharp, Wilken, Leman, Kelly, Taylor, Parnell, Honoring - Dr. Syun-Ichi Akasofu, University of Alaska Foundation, Edith R. Bullock Prize for Excellence Representative(s) Davies Senator(s) Wilken, Miller, Lincoln, Duncan, Pearce, Mackie, Sharp, Adams, Kelly, Taylor, Parnell Honoring - Colony High Girls Cross-Country Running Team, 1996 Alaska State 4-A Champions Representative(s) Ogan Senator(s) Green, Halford, Lincoln, Duncan, Pearce, Mackie, Sharp, Wilken, Leman, Kelly, Taylor, Parnell Honoring - Colony High Boys Cross-Country Running Team, 1996 Alaska State 4-A Champions Representative(s) Ogan Senator(s) Green, Halford, Lincoln, Duncan, Pearce, Mackie, Sharp, Wilken, Leman, Kelly, Taylor, Parnell Honoring - American Legion Alaska Boys State Program, Karl Bill Caswell and Susan Caswell Representative(s) Ogan Senator(s) Green, Halford, Lincoln, Duncan, Pearce, Mackie, Sharp, Wilken, R. Phillips, Leman, Kelly, Taylor, Ellis, Parnell 1997-05-10 Senate Journal Page 1968 Honoring - Ed Slater Senator(s) Parnell, Lincoln, Duncan, Pearce, Mackie, Sharp, Halford, Leman, Kelly, Taylor In Memoriam - Lola Tilly Representative(s) Vezey Senator(s) Lincoln, Duncan, Pearce, Mackie, Sharp, Wilken, Leman, Kelly, Taylor In Memoriam - Russell Floyd Hayward Representative(s) Kookesh Senator(s) Mackie, Lincoln, Duncan, Pearce, Sharp, Kelly, Taylor 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. Senator Taylor moved and asked unanimous consent that the notice and publication requirements be waived and the following citation be made a special order of business. Without objection, it was so ordered. SPECIAL ORDER OF BUSINESS In Memoriam - Joseph Jerue Representative(s) Masek Senator(s) Lincoln, Halford, Parnell, Leman, Kelly, Taylor 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. SECOND READING OF HOUSE BILLS CONTINUED HB 198 CS FOR HOUSE BILL NO. 198(FIN) which had been placed at the bottom of the calendar with Amendment No. 1 pending (page 1953) was before the Senate. 1997-05-10 Senate Journal Page 1969 HB 198 Senator Lincoln moved and asked unanimous consent that she be allowed to withdraw Amendment No. 1. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CSHB 198(FIN) Advance from Second to Third Reading? 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, the bill failed to advance to third reading. CS FOR HOUSE BILL NO. 198(FIN) will appear on the May 11 calendar. HB 266 HOUSE BILL NO. 266 An Act relating to limited liability companies and limited partnerships; and providing for an effective date which had been moved to the bottom of the calendar (page 1957) was before the Senate. Senator Taylor moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: 1997-05-10 Senate Journal Page 1970 HB 266 HB 266 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. HOUSE BILL NO. 266 will appear on the May 11 calendar. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair at approximately 5:00 p.m. Without objection, the Senate recessed at 1:04 p.m. AFTER RECESS The Senate reconvened at 8:03 p.m. ANNOUNCEMENTS Announcements are at the end of the journal. 1997-05-10 Senate Journal Page 1971 ENGROSSMENT SB 114 CS FOR SENATE BILL NO. 114(JUD) An Act relating to contributions from employee compensation for political purposes; and prohibiting certain kinds of discrimination against employees for political purposes was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 141 SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) An Act relating to a vessel permit moratorium for the Alaska weathervane scallop fishery; relating to management of the scallop fisheries; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. ADJOURNMENT Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 1:00 p.m., May 11, 1997. Without objection, the Senate adjourned at 8:04 p.m. Nancy Quinto Secretary of the Senate May 1997 1997-05-10 Senate Journal Page 1972 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 10 SATURDAY 0:00 AM -- TIME TO BE ANNOUNCED -- HB 265REPORTS & RECORDS OF & TO STATE AGENCIES <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- RULES FAHRENKAMP RM 203 MAY 10 SATURDAY 10:45 AM HB 63MOTOR FUEL TAX EXEMPTION HB 127FOSTER CARE REVIEW BOARD/MINORS HCR 6ALCOHOL-RELATED BIRTH DEFECTS AWARENESS MAY 10 SATURDAY 0:00 PM -- TIME BY CALL OF THE CHAIR -- HB 63MOTOR FUEL TAX EXEMPTION HB 208ALASKA AEROSPACE DEVELOPMENT CORP. BOARD OTHER MEETINGS JOINT SESSION HOUSE CHAMBER MAY 11 SUNDAY 2:15 PM CONSIDER GOVERNORS ACTIONS