Legislature(1997 - 1998)
1997-05-11 Senate Journal
Full Journal pdf1997-05-11 Senate Journal Page 1973 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Nineteenth Day Pursuant to adjournment the Senate was called to order by President Miller at 1:22 p.m. The roll showed eleven members present. Senator Kelly was excused from a call of the Senate. Senators Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Mackie, Taylor were absent. The prayer was offered by the Chaplain, Senator Green. Senator Ward moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Heavenly Father, On this day which we set aside to worship You, we have chosen to honor our mothers. Many of us here have mothers still living, and on this day we honor them. Many of us are saddened by the loss of our mothers, and on this day we remember them. Others of us are doubly blessed in that we have been allowed to have children and be lovingly called mother. On this day, as we think of families and memories of our past and hopes for our future, we ask that You guide us, keep us ever faithful to You, and hold us in the palm of Your hand. Amen. Senator Wilken led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the one hundred eighteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 1973 1997-05-11 Senate Journal Page 1974 The presence of Senator Lincoln was noted. MESSAGES FROM THE GOVERNOR HB 112 Message dated and received May 10 was read, stating: Dear President Miller: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 112(FIN) An Act amending the definition of political party except as the definition of the term applies to the regulation of contributions and expenditures in state and municipal election campaigns, an amendment that also has the effect of changing the definition of political organization as applied to the regulation of games of chance and contests of skill. The definition of political party is important for determining which parties can automatically place candidates on the general election ballot. Currently, a party can be listed on the ballot only if it runs a gubernatorial candidate and that person receives three percent of total votes cast in the previous general election. This method has been in place since statehood with the Alaska Supreme Court establishing the current three percent requirement. There has been no public appeal to change this method. Yet this bill proposes to do so by allowing a party to retain its status without running a gubernatorial candidate, if the party has a specific number of registered members. I vetoed this bill because it sets an artificial standard that unfairly discriminates among the political parties in the state. This political tinkering with the law is motivated to give an advantage to one party 1997-05-11 Senate Journal Page 1975 HB 112 above all others. The law should not be changed to serve that purpose, especially when the change is done without a good reason. This lack of justification will inevitably lead to a court challenge and attendant uncertainty for the state's electoral system. Sincerely, /s/ Tony Knowles Governor SB 35 Message dated and received May 10 was read, stating: Dear President Miller: Under the authority of art. II, sec. 17, of the Alaska Constitution, I have allowed the following bill to become law without my signature: HOUSE CS FOR CS FOR SENATE BILL NO. 35(FIN) am H An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; requiring legislative approval before certain land managed under AS 41.21 may be closed or have access restricted; relating to Chilkat State Park. Chapter No. 27, SLA 1997 Effective Date: 5/11/97 This bill is an imagined solution looking for a problem that does not exist. The problem this bill alleges to address, the unwarranted closure of park areas, simply does not occur. In fact, during the entire history of state park management, the Division of Parks has never made a closure that would be covered by this bill. This raises the obvious question of the need for this legislation. 1997-05-11 Senate Journal Page 1976 SB 35 This bill requires yet another unnecessary report to the legislature. As an unfunded mandate for the Administration, this report will only serve to take our professional park managers away from their job of serving the public. If anyone wonders how government grows, they could point to the cumulative effect of little bills like this. Sincerely, /s/ Tony Knowles Governor The presence of Senator Ellis was noted. MESSAGES FROM THE HOUSE SCR 15 Message of May 11 was read, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 15 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 152, relating to hospice care. The resolution was referred to the Secretary for enrollment. SB 3 Message of May 11 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 3(JUD) An Act authorizing prosecution and trial in the district court of municipal curfew violations, and providing for punishment of minors upon conviction for violation of a curfew ordinance. The bill was referred to the Secretary for enrollment. 1997-05-11 Senate Journal Page 1977 SB 34 Message of May 11 was read, stating the House passed and returned: 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. The bill was referred to the Secretary for enrollment. SB 149 Message of May 11 was read, stating the House passed and returned: SENATE BILL NO. 149 An Act relating to reports and audits concerning health care facilities; and providing for an effective date. The bill was referred to the Secretary for enrollment. SB 164 Message of May 11 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 164(HES) am An Act relating to the authority of an emergency medical technician at the scene of an accident or emergency. The bill was referred to the Secretary for enrollment. SB 7 Message of May 10 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 7(RLS) am with the following amendment: 1997-05-11 Senate Journal Page 1978 SB 7 HOUSE CS FOR CS FOR SENATE BILL NO.7(FIN) An Act reducing certain resident sport fishing, hunting, and trapping license fees, increasing certain nonresident sport fishing license and tag fees, and relating to nonresident sport fishing and hunting licenses and tags; and providing for an effective date. Senator Leman, Acting Majority Leader, moved that the Senate concur in the House amendment. Senator Leman called the Senate. The presence of Senators Taylor, Duncan, Donley, Hoffman, Mackie was noted. Senator Leman lifted the call. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess for the purpose of a majority caucus. Without objection, the Senate recessed at 1:44 p.m. AFTER RECESS The Senate reconvened at 2:40 p.m. SB 7 The question being: Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 7(RLS) am? The roll was taken with the following result: 1997-05-11 Senate Journal Page 1979 SB 7 HOUSE CS CSSB 7(FIN) Shall the Senate Concur in the House amendment to CSSB 7(RLS) am? Effective Date YEAS: 14 NAYS: 3 EXCUSED: 1 ABSENT: 2 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Hoffman Excused: Kelly Absent: Ellis, Lincoln and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 7(FIN) An Act reducing certain resident sport fishing, hunting, and trapping license fees, increasing certain nonresident sport fishing license and tag fees, and relating to nonresident sport fishing and hunting licenses and tags; 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. Senator Taylor moved and asked unanimous consent that the Senate proceed to consideration of the calendar. Without objection, it was so ordered, and the Senate proceeded to: 1997-05-11 Senate Journal Page 1980 CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 208 Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 208(L&C) An Act relating to the board of directors of the Alaska Aerospace Development Corporation be taken up at this time. Without objection, CS FOR HOUSE BILL NO. 208(L&C) was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1448. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 208(FIN) was adopted and read the second time. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 208(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 208(FIN) An Act relating to the board of directors of the Alaska Aerospace Development Corporation pass the Senate? The roll was taken with the following result: SCS CSHB 208(FIN) Third Reading - Final Passage YEAS: 11 NAYS: 7 EXCUSED: 1 ABSENT: 1 Yeas: Adams, Donley, Duncan, Green, Hoffman, Mackie, Parnell, Pearce, Phillips, Ward, Wilken Nays: Halford, Leman, Lincoln, Miller, Sharp, Taylor, Torgerson Excused: Kelly Absent: Ellis Leman changed from "Yea" to "Nay". 1997-05-11 Senate Journal Page 1981 HB 208 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 208(FIN) passed the Senate. Senator Halford gave notice of reconsideration. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 2:47 p.m. AFTER RECESS JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Miller at 3:18p.m. The purpose of the Joint Session was to consider the Governors vetoes of HOUSE CS FOR SENATE BILL NO. 136(FIN), HOUSE CS FOR CS FOR SENATE BILL NO. 41(JUD), and CS FOR HOUSE BILL NO. 112(FIN). The roll of the Senate was called and showed nineteen members present. Senator Kelly was excused. The roll of the House was taken and showed forty members present. SB 136 Senator Taylor moved that 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 become law notwithstanding the Governors veto. 1997-05-11 Senate Journal Page 1982 SB 136 The question being: Shall HOUSE CS FOR CS FOR SENATE BILL NO. 136(FIN) become law notwithstanding the Governors veto? The roll of the Senate was called with the following result: HCS CSSB 136(FIN) Override Veto SENATE YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Ward, Wilken, Donley, Green, Halford, Leman, Mackie, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Miller Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly The roll of the House was taken with the following result: HCS CSSB 136(FIN) Override Veto HOUSE YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Croft, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia TOTALS: YEAS: 43 NAYS: 16 EXCUSED: 1 1997-05-11 Senate Journal Page 1983 SB 136 and so, the Governors veto of 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 was overridden and the engrossed and enrolled copies were returned to the Office of the Governor at 4:00 p.m., May 11, 1997. SB 41 Senator Taylor moved that 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 become law notwithstanding the Governors veto. The question being: Shall HOUSE CS FOR CS FOR SENATE BILL NO. 41(JUD) become law notwithstanding the Governors veto? The roll of the House was taken with the following result: HCS CSSB 41(JUD) Override Veto HOUSE YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Brice changed from "Nay" to "Yea". The roll of the Senate was called with the following result: 1997-05-11 Senate Journal Page 1984 SB 41 HCS CSSB 41(JUD) Override Veto SENATE YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Wilken, Donley, Green, Halford, Leman, Mackie, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Miller Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly TOTALS: YEAS: 43 NAYS: 16 EXCUSED: 1 and so, the Governors veto of 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 was overridden and the engrossed and enrolled copies were returned to the Office of the Governor at 4:00 p.m., May 11, 1997. HB 112 Senator Taylor moved that CS FOR HOUSE BILL NO. 112(FIN) An Act amending the definition of political party except as the definition of the term applies to the regulation of contributions and expenditures in state and municipal election campaigns, an amendment that also has the effect of changing the definition of political organization as applied to the regulation of games of chance and contests of skill become law notwithstanding the Governors veto. The question being: Shall CS FOR HOUSE BILL NO. 112(FIN) become law notwithstanding the Governors veto? The roll of the Senate was called with the following result: 1997-05-11 Senate Journal Page 1985 HB 112 CSHB 112(FIN) Override Veto SENATE YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Miller Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly The roll of the House was taken with the following result: CSHB 112(FIN) Override Veto HOUSE YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Williams TOTALS: YEAS: 41 NAYS: 18 EXCUSED: 1 1997-05-11 Senate Journal Page 1986 HB 112 and so, the Governors veto of CS FOR HOUSE BILL NO. 112(FIN) An Act amending the definition of political party except as the definition of the term applies to the regulation of contributions and expenditures in state and municipal election campaigns, an amendment that also has the effect of changing the definition of political organization as applied to the regulation of games of chance and contests of skill was overridden and the engrossed and enrolled copies were returned to the Office of the Governor at 4:00 p.m., May 11, 1997. Senator Taylor moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Miller adjourned the Joint Session at 3:26 p.m. AFTER RECESS IN THE SENATE The Senate reconvened at 3:56 p.m. The Senate returned to: MESSAGES FROM THE HOUSE SB 13 Message of May 10 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 13(RLS) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO.13(HES) An Act relating to taxes on cigarettes and tobacco products and to the use of the proceeds of those taxes, and increasing by at least 35.5 mills the amount of excise tax levied on each cigarette imported or acquired in the state; and providing for an effective date. 1997-05-11 Senate Journal Page 1987 SB 13 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. 13(RLS)? The roll was taken with the following result: HOUSE CS CSSB 13(HES) Shall the Senate Concur in the House amendment to CSSB 13(RLS)? Effective Dates YEAS: 14 NAYS: 4 EXCUSED: 1 ABSENT: 1 Yeas: Adams, Duncan, Ellis, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Sharp, Torgerson, Wilken Nays: Donley, Green, Taylor, Ward Excused: Kelly Absent: Pearce and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 13(HES) An Act relating to taxes on cigarettes and tobacco products and to the use of the proceeds of those taxes, and increasing by at least 35.5 mills the amount of excise tax levied on each cigarette imported or acquired in the state; 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 clauses. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 1997-05-11 Senate Journal Page 1988 SB 29 Message of May 10 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 29(FIN) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 29(RLS) An Act relating to certain programs of state aid to municipalities and recipients in the unorganized borough; 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. 29(FIN)? The roll was taken with the following result: HOUSE CS CSSB 29(RLS) Shall the Senate Concur in the House amendment to CSSB 29(FIN)? Effective Date YEAS: 17 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams Excused: Kelly Absent: Pearce and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 29(RLS) An Act relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date. 1997-05-11 Senate Journal Page 1989 SB 29 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 70 Message of May 10 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 70(JUD) with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 70(FIN) amH An Act relating to the discharge of firearms at or in the direction of buildings and dwellings. Senator Taylor moved that the Senate concur in the House amendments. The question being: Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 70(JUD)? The roll was taken with the following result: HOUSE CS CSSB 70(FIN) am H Shall the Senate Concur in the House amendments to CSSB 70(JUD)? 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 1997-05-11 Senate Journal Page 1990 SB 70 and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 70(FIN) am H An Act relating to the discharge of firearms at or in the direction of buildings and dwellings. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 141 Message of May 10 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 141(RLS) am with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H An Act relating to permits to carry concealed handguns; and relating to the possession of firearms. Senator Taylor moved that the Senate concur in the House amendments. The question being: Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 141(RLS) am? The roll was taken with the following result: HOUSE CS CSSB 141(FIN) am H Shall the Senate Concur in the House amendments to CSSB 141(RLS) am? 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 1997-05-11 Senate Journal Page 1991 SB 141 and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H An Act relating to permits to carry concealed handguns; and relating to the possession of firearms. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. STANDING COMMITTEE REPORTS SCR 17 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 17 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 241, relating to the Pioneers Home program. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Torgerson, Miller. Signing no recommendation: Senator Duncan. The resolution is on todays calendar. HCR 6 The Rules Committee considered HOUSE CONCURRENT RESOLUTION NO. 6 Relating to Alcohol-Related Birth Defects Awareness Week. Signing to calendar: Senator Leman, Chair. Senators Duncan, Miller, Torgerson. The resolution is on todays calendar. HB 63 The Rules Committee considered CS FOR HOUSE BILL NO. 63(2d RLS) An Act amending the definition of motor fuel under the states motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in flights that continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which the fuel was produced fails to comply with terms of a voluntary agreement entered into by the 1997-05-11 Senate Journal Page 1992 HB 63 refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinerys capacity is expanded, to add exemption from the tax for certain number 6 residual fuel oil, also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 63(RLS) An Act relating to the tax on motor fuel; amending the definition of motor fuel under the states motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in flights that continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which the fuel was produced fails to comply with terms of a voluntary agreement entered into by the refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinerys capacity is expanded, to add exemption from the tax for certain number 6 residual fuel oil, also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and providing for an effective date. Signing to calendar: Senator Leman, Chair, Senators Duncan, Miller. Signing under other recommendations: Senator Taylor. The bill is on todays calendar. 1997-05-11 Senate Journal Page 1993 HB 241 The Rules Committee considered HOUSE BILL NO. 241 am An Act relating to payment assistance for costs of residing in the Alaska Pioneers Home, and providing that certain income and assets of a resident shall be disregarded in determining payment assistance, including income from any source in an amount equal to at least $100, cash dividends and other income equal to at least $2,000 received under the Alaska Native Claims Settlement Act, a permanent fund dividend, an amount for burial expenses of the resident, the residents spouse and dependents of the resident, the primary residence of the residents spouse or a dependent of the resident, and other property equal to at least a total value of $5,000; and providing for an effective date. Signing to calendar: Senator Leman, Chair, Senators Duncan, Miller, Torgerson. The bill is on todays calendar. HB 248 The Rules Committee considered CS FOR HOUSE BILL NO. 248(TRA) An Act naming East Egan Drive in Valdez. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Duncan, Miller, Torgerson. The bill is on todays calendar. RECONSIDERATION OF HOUSE BILLS HB 109 Senator Leman, requested that the reconsideration on 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 be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) was before the Senate on reconsideration. 1997-05-11 Senate Journal Page 1994 HB 109 The question to be reconsidered: 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 - On Reconsideration 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 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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 18 SENATE CONCURRENT RESOLUTION NO. 18 BY THE SENATE RULES COMMITTEE, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 63, relating to motor fuel taxes. was read the first time and referred to the Rules Committee. 1997-05-11 Senate Journal Page 1995 RECESS Senator Miller moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 4:39 p.m. AFTER RECESS The Senate reconvened at 5:15 p.m. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 206 SENATE BILL NO. 206 BY SENATOR GREEN, entitled: An Act establishing terms and conditions for access to and use of, and otherwise relating to, state owned or controlled airports and air navigation facilities; amending Rule 82, Alaska Rules of Civil Procedure; and providing for an effective date. was read the first time and referred to the Resources and Judiciary Committees. CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 248 CS FOR HOUSE BILL NO. 248(TRA) An Act naming East Egan Drive in Valdez was read the second time. Senators Lincoln, Leman, Mackie, Taylor moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 1997-05-11 Senate Journal Page 1996 HB 248 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. 248(TRA) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 248(TRA) An Act naming East Egan Drive in Valdez pass the Senate? The roll was taken with the following result: CSHB 248(TRA) Third Reading - Final Passage YEAS: 16 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Sharp, Taylor, Ward, Wilken Excused: Kelly Absent: Halford, Parnell, Torgerson and so, CS FOR HOUSE BILL NO. 248(TRA) passed the Senate, was signed by the President and Secretary and returned to the House. SCR 18 Senator Taylor moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 18 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 63, relating to motor fuel taxes, be placed at the bottom of todays calendar. Without objection, it was so ordered. HB 63 Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 63(2d RLS) An Act amending the definition of motor fuel under the states motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in flights that 1997-05-11 Senate Journal Page 1997 HB 63 continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which the fuel was produced fails to comply with terms of a voluntary agreement entered into by the refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinerys capacity is expanded, to add exemption from the tax for certain number 6 residual fuel oil, also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and providing for an effective date be placed at the bottom of todays calendar. Without objection, it was so ordered. SECOND READING OF SENATE RESOLUTIONS SCR 17 SENATE CONCURRENT RESOLUTION NO. 17 was read the second time and was before the Senate on final passage. Senator Pearce called the Senate on the resolution. The call was satisfied. The question being: Shall SENATE CONCURRENT RESOLUTION NO. 17 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 241, relating to the Pioneers Home program, pass the Senate? The roll was taken with the following result: SCR 17 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 1997-05-11 Senate Journal Page 1998 SCR 17 and so, SENATE CONCURRENT RESOLUTION NO. 17 passed the Senate. SECOND READING OF HOUSE BILLS HB 241 HOUSE BILL NO. 241 am An Act relating to payment assistance for costs of residing in the Alaska Pioneers Home, and providing that certain income and assets of a resident shall be disregarded in determining payment assistance, including income from any source in an amount equal to at least $100, cash dividends and other income equal to at least $2,000 received under the Alaska Native Claims Settlement Act, a permanent fund dividend, an amount for burial expenses of the resident, the residents spouse and dependents of the resident, the primary residence of the residents spouse or a dependent of the resident, and other property equal to at least a total value of $5,000; and providing for an effective date was read the second time. Senator Green moved and asked unanimous consent for the adoption of the State Affairs Senate Committee Substitute offered on page 1840. Without objection, SENATE CS FOR HOUSE BILL NO. 241(STA) An Act relating to payment assistance for costs of residing in the Alaska Pioneers Home, and providing that certain income and assets of a resident shall be disregarded in determining payment assistance, including income from any source in an amount equal to at least $100, cash dividends and other income equal to at least $2,000 received under the Alaska Native Claims Settlement Act, a permanent fund dividend, an amount for burial expenses of the resident, the residents spouse and dependents of the resident, the primary residence of the residents spouse or a dependent of the resident, and other property equal to at least a total value of $5,000; relating to claims against the estate of a beneficiary of the Pioneers Home program; and providing for an effective date was adopted and read the second time. 1997-05-11 Senate Journal Page 1999 HB 241 Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 241(STA) was read the third time. Senators Green, Mackie, Sharp, Ellis, Wilken, Duncan moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: Shall SENATE CS FOR HOUSE BILL NO. 241(STA) An Act relating to payment assistance for costs of residing in the Alaska Pioneers Home, and providing that certain income and assets of a resident shall be disregarded in determining payment assistance, including income from any source in an amount equal to at least $100, cash dividends and other income equal to at least $2,000 received under the Alaska Native Claims Settlement Act, a permanent fund dividend, an amount for burial expenses of the resident, the residents spouse and dependents of the resident, the primary residence of the residents spouse or a dependent of the resident, and other property equal to at least a total value of $5,000; relating to claims against the estate of a beneficiary of the Pioneers Home program; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS HB 241(STA) Third Reading - Final Passage 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, SENATE CS FOR HOUSE BILL NO. 241(STA) passed the Senate. 1997-05-11 Senate Journal Page 2000 HB 241 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 Mackie gave notice of reconsideration on the bill and moved and asked unanimous consent that it be taken up at this time. Senator Mackie moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. RECONSIDERATION OF SENATE RESOLUTIONS SCR 17 Senator Mackie gave notice of reconsideration on SENATE CONCURRENT RESOLUTION NO. 17 and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. SENATE CONCURRENT RESOLUTION NO. 17 was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CONCURRENT RESOLUTION NO. 17 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 241, relating to the Pioneers Home program, pass the Senate? The roll was taken with the following result: SCR 17 Final Passage - On Reconsideration 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 CONCURRENT RESOLUTION NO. 17 passed the Senate on reconsideration and was referred to the Secretary for engrossment. 1997-05-11 Senate Journal Page 2001 RECONSIDERATION OF HOUSE BILLS HB 241 Senator Mackie gave notice of reconsideration on SENATE CS FOR HOUSE BILL NO. 241(STA) and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 241(STA) was before the Senate in third reading on reconsideration. The question to be reconsidered: Shall SENATE CS FOR HOUSE BILL NO. 241(STA) An Act relating to payment assistance for costs of residing in the Alaska Pioneers Home, and providing that certain income and assets of a resident shall be disregarded in determining payment assistance, including income from any source in an amount equal to at least $100, cash dividends and other income equal to at least $2,000 received under the Alaska Native Claims Settlement Act, a permanent fund dividend, an amount for burial expenses of the resident, the residents spouse and dependents of the resident, the primary residence of the residents spouse or a dependent of the resident, and other property equal to at least a total value of $5,000; relating to claims against the estate of a beneficiary of the Pioneers Home program; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS HB 241(STA) Third Reading - On Reconsideration 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, SENATE CS FOR HOUSE BILL NO. 241(STA) passed the Senate on reconsideration. 1997-05-11 Senate Journal Page 2002 HB 241 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. THIRD READING OF HOUSE BILLS HB 127 CS FOR HOUSE BILL NO. 127(FIN) was read the third time. The question being: Shall 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 pass the Senate? The roll was taken with the following result: CSHB 127(FIN) 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, CS FOR HOUSE BILL NO. 127(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 clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. 1997-05-11 Senate Journal Page 2003 HB 198 CS FOR HOUSE BILL NO. 198(FIN) was read the third time. Senators Taylor, Mackie, Leman 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. 198(FIN) An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date pass the Senate? The roll was taken with the following result: CSHB 198(FIN) 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, CS FOR HOUSE BILL NO. 198(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 clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 222 CS FOR HOUSE BILL NO. 222(TRA) am was read the third time. Senators Ellis, Taylor moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 1997-05-11 Senate Journal Page 2004 HB 222 The question being: Shall CS FOR HOUSE BILL NO. 222(TRA) am An Act relating to abandoned, wrecked, or junk vehicles pass the Senate? The roll was taken with the following result: CSHB 222(TRA) am Third Reading - Final Passage 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, CS FOR HOUSE BILL NO. 222(TRA) am passed the Senate, was signed by the President and Secretary and returned to the House. HB 256 HOUSE BILL NO. 256 am was read the third time. The question being: Shall 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 pass the Senate? The roll was taken with the following result: HB 256 am Third Reading - Final Passage Effective Dates YEAS: 17 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Halford Excused: Kelly 1997-05-11 Senate Journal Page 2005 HB 256 Absent: Pearce and so, HOUSE BILL NO. 256 am passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 266 HOUSE BILL NO. 266 was read the third time. The question being: Shall HOUSE BILL NO. 266 An Act relating to limited liability companies and limited partnerships; and providing for an effective date pass the Senate? The roll was taken with the following result: HB 266 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. 266 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. 1997-05-11 Senate Journal Page 2006 HB 212 HOUSE BILL NO. 212(title am) was read the third time. Senators Lincoln, Mackie, Taylor 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 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 pass the Senate? The roll was taken with the following result: HB 212(title am) 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. 212(title am) passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. SECOND READING OF HOUSE RESOLUTIONS HCR 6 HOUSE CONCURRENT RESOLUTION NO. 6 Relating to Alcohol- Related Birth Defects Awareness Week, was read the second time and was before the Senate on final passage. 1997-05-11 Senate Journal Page 2007 HCR 6 Senators Lincoln, Parnell, Duncan, Ellis, Taylor, Leman, Mackie, Wilken moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. The question being: Shall HOUSE CONCURRENT RESOLUTION NO. 6 Relating to Alcohol-Related Birth Defects Awareness Week, pass the Senate? The roll was taken with the following result: HCR 6 Final Passage YEAS: 17 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly Absent: Halford, Pearce and so, HOUSE CONCURRENT RESOLUTION NO. 6 passed the Senate, was signed by the President and Secretary and returned to the House. THIRD READING OF HOUSE RESOLUTIONS HJR 35 HOUSE JOINT RESOLUTION NO. 35 was read the third time. The question being: Shall HOUSE JOINT RESOLUTION NO. 35 Encouraging federal legislation to improve federal fiscal terms for a trans-Alaska gas pipeline, pass the Senate? The roll was taken with the following result: 1997-05-11 Senate Journal Page 2008 HJR 35 HJR 35 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 JOINT RESOLUTION NO. 35 passed the Senate, was signed by the President and Secretary and returned to the House. HJR 27 SENATE CS FOR HOUSE JOINT RESOLUTION NO. 27(TRA) was read the third time. The question being: Shall SENATE CS FOR HOUSE JOINT RESOLUTION NO. 27(TRA) 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, pass the Senate? The roll was taken with the following result: SCS HJR 27(TRA) 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, SENATE CS FOR HOUSE JOINT RESOLUTION NO. 27(TRA) passed the Senate. 1997-05-11 Senate Journal Page 2009 RECONSIDERATION OF HOUSE RESOLUTIONS HJR 27 Senator Taylor gave notice of reconsideration on SENATE CS FOR HOUSE JOINT RESOLUTION NO. 27(TRA) and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. SENATE CS FOR HOUSE JOINT RESOLUTION NO. 27(TRA) was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR HOUSE JOINT RESOLUTION NO. 27(TRA) 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, pass the Senate? The roll was taken with the following result: SCS HJR 27(TRA) Third Reading - On Reconsideration 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 HOUSE JOINT RESOLUTION NO. 27(TRA) passed the Senate on reconsideration and was referred to the Secretary for engrossment. HJR 31 Senator Taylor moved and asked unanimous consent that HOUSE JOINT RESOLUTION NO. 31 Requesting the United States Congress to amend the Federal Food, Drug, and Cosmetic Act, be placed at the bottom of todays calendar. Without objection, it was so ordered. 1997-05-11 Senate Journal Page 2010 HJR 33 CS FOR HOUSE JOINT RESOLUTION NO. 33(TRA) was read the third time. The question being: Shall CS FOR HOUSE JOINT RESOLUTION NO. 33(TRA) Relating to Federal Aviation Administration approval of installations of tundra tires on aircraft, pass the Senate? The roll was taken with the following result: CSHJR 33(TRA) 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 JOINT RESOLUTION NO. 33(TRA) passed the Senate, was signed by the President and Secretary and returned to the House. CITATIONS Honoring - Chery Lin and Melinda M. Wilcox Representative(s) James Senator(s) Pearce, Taylor, Kelly, Wilken, Lincoln, Hoffman, Duncan, Mackie, Green, Halford, Leman, Parnell Recognizing Memorial Day 1997 Senator(s) Leman, Halford, R. Phillips, Pearce, Taylor, Kelly, Wilken, Lincoln, Hoffman, Duncan, Mackie, Green, Ellis, Parnell Honoring - 1997 Women of Distinction, Martha Harrel, Brenda Holden, Effie Kokrine, Ann Secrest Representative(s) Davies Senator(s) Wilken, Pearce, Taylor, Kelly, Lincoln, Hoffman, Duncan, Adams, Ellis, Mackie 1997-05-11 Senate Journal Page 2011 Honoring - Marie Angaiak, BP Teacher of Excellence Representative(s) Davies Senator(s) Wilken, Pearce, Taylor, Kelly, Lincoln, Hoffman, Duncan, Mackie, Leman, Parnell Honoring - Adam Kenneth Ake Representative(s) Porter Senator(s) Pearce, Taylor, Kelly, Lincoln, Hoffman, Duncan, Mackie, Green, Halford, Leman Honoring - Colony High Boys Cross-Country Ski Team, 1997 Alaska State 4-A Champions Representative(s) Ogan Senator(s) Green, Halford, Pearce, Taylor, Kelly, Wilken, Lincoln, Hoffman, Duncan, Mackie, Leman, Parnell Honoring - Alan W. Heinrich, Educator, Teacher, Principal Representative(s) Kookesh Senator(s) Mackie, Pearce, Taylor, Kelly, Lincoln, Hoffman, Duncan, Green Honoring - Thomas A. Kroeck, Educator, Teacher Representative(s) Kookesh Senator(s) Mackie, Pearce, Taylor, Kelly, Wilken, Lincoln, Hoffman, Duncan Honoring - Kathleen Pardee-Jones, Educator, Teacher Representative(s) Kookesh Senator(s) Mackie, Pearce, Taylor, Kelly, Wilken, Lincoln, Hoffman, Duncan In Commemoration of the Chiropractic Professions One Hundredth Anniversary Representative(s) G. Phillips Senator(s) Pearce, Taylor, Kelly, Donley, Lincoln, Hoffman, Duncan, Ellis, Mackie, Green, Halford, Leman, Parnell 1997-05-11 Senate Journal Page 2012 Honoring - Terry L. Friske, Educator and Teacher in Alaska Representative(s) Kookesh Senator(s) Mackie, Pearce, Taylor, Kelly, Wilken, Lincoln, Hoffman, Duncan, Green, Leman Honoring - Rod Hill Senator(s) Kelly, R. Phillips, Pearce, Taylor, Lincoln, Hoffman, Duncan, Mackie, Green, Leman Honoring - Teresa Germain Representative(s) Elton, Hudson, Kookesh Senator(s) Duncan, Pearce, Taylor, Kelly, Lincoln, Hoffman, Adams, Mackie In Memoriam - John Gerard Costello, 1925-1997 Representative(s) Rokeberg Senator(s) Leman, Pearce, Taylor, Kelly, Donley, Lincoln, Hoffman, Duncan, Mackie, Green, Halford In Memoriam - Sandra Jean Gobroski Representative(s) Rokeberg Senator(s) Pearce, Taylor, Kelly, Donley, Lincoln, Hoffman, Duncan, Mackie, Green, Leman In Memoriam - Kimberly Price Representative(s) Berkowitz Senator(s) Pearce, Taylor, Kelly, Donley, Wilken, Lincoln, Hoffman, Duncan, Ellis, Mackie, Green, Halford, 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. 1997-05-11 Senate Journal Page 2013 The Senate stood at ease at 5:57 p.m. The Senate reconvened at 10:03 p.m. Senator Wilken called the Senate. The call was satisfied. Senator Taylor moved and asked unanimous consent that the Senate return to Special Committee Reports. Without objection, the Senate returned to: SPECIAL COMMITTEE REPORTS HB 75 The Conference Committee Report on CS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj pfld) and SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) am S(brf fld S) recommending: CONFERENCE CS FOR HOUSE BILL NO. 75 An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date which had been read on May 9, (page 1894) was before the Senate. Senator Taylor moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 75. The question being: Shall CONFERENCE CS FOR HOUSE BILL NO. 75 pass the Senate? The roll was taken with the following result: 1997-05-11 Senate Journal Page 2014 HB 75 CCSHB 75 Adopt Conference Committee Report? Effective Date(s) YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, the Senate passed CONFERENCE CS FOR HOUSE BILL NO. 75 An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. 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 moved for the adoption of the budget reserve fund section. The question being: Shall the budget reserve fund section be adopted? The roll was taken with the following result: CCSHB 75 Budget Reserve Fund 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 1997-05-11 Senate Journal Page 2015 HB 75 and so, the budget reserve fund section was adopted. The Secretary was requested to notify the House. HB 76 The Conference Committee Report on CS FOR HOUSE BILL NO. 76(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 76(FIN) am S recommending: CONFERENCE CS FOR HOUSE BILL NO. 76 An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date. which had been read on May 9, (page 1895) was before the Senate. Senator Taylor moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 76. The question being: Shall CONFERENCE CS FOR HOUSE BILL NO. 76 pass the Senate? The roll was taken with the following result: CCSHB 76 Adopt Conference Committee Report 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 passed CONFERENCE CS FOR HOUSE BILL NO. 76 An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date. 1997-05-11 Senate Journal Page 2016 HB 76 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. Senator Taylor moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, the Senate returned to: MESSAGES FROM THE HOUSE SB 107 Message of May 11 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 107(FIN) am with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 107(FIN) am H An Act making, amending, and repealing capital and other appropriations; making appropriations to capitalize funds; and providing for an effective date. Under Rule 43(b) of the Uniform Rules engrossment of the above bill has been waived and the certified amendments (House Journal Pages 1870, 1871, 1878 and 1879) are attached. Senator Taylor moved that the Senate concur in the House amendments. The question being: Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 107(FIN) am? The roll was taken with the following result: 1997-05-11 Senate Journal Page 2017 SB 107 HOUSE CS CSSB 107(FIN) am H Shall the Senate Concur in the House amendment to CSSB 107(FIN) am? Effective Date YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Lincoln Excused: Kelly and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 107(FIN) am H An Act making, amending, and repealing capital and other appropriations; making appropriations to capitalize funds; 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 39 Message of May 11 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 39(JUD) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO.39(JUD) An Act relating to hazardous chemicals, hazardous materials, and hazardous waste. 1997-05-11 Senate Journal Page 2018 SB 39 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. 39(JUD)? The roll was taken with the following result: HOUSE CS CSSB 39(JUD) Shall the Senate concur in the House amendment to CSSB 39(JUD)? YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Lincoln Excused: Kelly and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 39(JUD) An Act relating to hazardous chemicals, hazardous materials, and hazardous waste. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 38 Message of May 11 was read, stating the House passed and returned for consideration CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38(JUD) with the following amendment: HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38(JUD) An Act relating to anatomical gifts, living wills, and do not resuscitate orders. Senator Taylor moved that the Senate concur in the House amendment. 1997-05-11 Senate Journal Page 2019 SB 38 The question being: Shall the Senate concur in the House amendment to CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38(JUD)? The roll was taken with the following result: HOUSE CS CSSSSB 38(JUD) Shall the Senate Concur in the House amendment to CSSSSB 38(JUD)? 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 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38(JUD) An Act relating to anatomical gifts, living wills, and do not resuscitate orders. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 150 Message of May 11 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 150(RLS) am with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 150(FIN) am H An Act relating to moving expenses of state employees, to compensatory time for state employees, and to calculation of compensation for the public employees retirement system. Senator Taylor moved that the Senate concur in the House amendments. 1997-05-11 Senate Journal Page 2020 SB 150 The question being: Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 150(RLS) am? The roll was taken with the following result: HOUSE CS CSSB 150(FIN) am H Shall the Senate Concur in the House amendments to CSSB 150(RLS) am? YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Green, Halford, Leman, Miller, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Mackie, Phillips Excused: Kelly and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 150(FIN) am H An Act relating to moving expenses of state employees, to compensatory time for state employees, and to calculation of compensation for the public employees retirement system. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 178 Message of May 11 was read, stating the House passed CS FOR SENATE BILL NO. 178 (FIN) am with the following amendment: Page 2, line 23, following Corporation: Delete shall Insert is authorized to Page 2, lines 25 and 26: Delete for an annual amount not to exceed the buildings annual operating expenses 1997-05-11 Senate Journal Page 2021 SB 178 and so, CS FOR SENATE BILL NO. 178(FIN) am H An Act stating legislative intent regarding parking, maintenance, leasing, and other requirements for a certain building acquired by the state in downtown Anchorage; relating to the purchase by the Alaska Housing Finance Corporation of an office building in Anchorage; and providing for an effective date. 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 BILL NO. 178(FIN) am? The roll was taken with the following result: CSSB 178(FIN) am H Shall the Senate Concur in the House amendment to CSSB 178(FIN) am? Effective Date YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Ellis, Halford, Hoffman, Leman, Mackie, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Donley, Duncan, Green, Lincoln, Parnell Excused: Kelly and so, the Senate concurred in the House amendment, thus adopting CS FOR SENATE BILL NO. 178(FIN) am H An Act stating legislative intent regarding parking, maintenance, leasing, and other requirements for a certain building acquired by the state in downtown Anchorage; relating to the purchase by the Alaska Housing Finance Corporation of an office building in Anchorage; and providing for an effective date. 1997-05-11 Senate Journal Page 2022 SB 178 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. SCR 16 Message of May 11 was read, stating the House passed and returned for consideration CS FOR SENATE CONCURRENT RESOLUTION NO. 16(FIN) with the following amendments: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 16(RLS) am H Urging the state executive branch administration, University of Alaska administration, and Alaska Court System administration to negotiate collective bargaining agreements that result in a net zero cost increase. Senator Taylor moved that the Senate concur in the House amendments. The question being: Shall the Senate concur in the House amendments to CS FOR SENATE CONCURRENT RESOLUTION NO. 16(FIN)? The roll was taken with the following result: HOUSE CS CSSCR 16(RLS) am H Shall the Senate Concur in the House amendments to CSSCR 16(FIN)? YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Taylor Excused: Kelly 1997-05-11 Senate Journal Page 2023 SCR 16 and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 16(RLS) am H Urging the state executive branch administration, University of Alaska administration, and Alaska Court System administration to negotiate collective bargaining agreements that result in a net zero cost increase. The Secretary was requested to notify the House. The resolution was referred to the Secretary for enrollment. STANDING COMMITTEE REPORTS SCR 18 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 18 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 63, relating to motor fuel taxes. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Taylor, Duncan, Miller, Torgerson. SENATE CONCURRENT RESOLUTION NO. 18 was read the second time and was before the Senate on final passage. The question being: Shall SENATE CONCURRENT RESOLUTION NO. 18 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 63, relating to motor fuel taxes, pass the Senate? The roll was taken with the following result: SCR 18 Final Passage YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Halford, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Sharp, Taylor, Ward, Wilken Nays: Donley, Green, Hoffman, Phillips, Torgerson Excused: Kelly 1997-05-11 Senate Journal Page 2024 SCR 18 and so, SENATE CONCURRENT RESOLUTION NO. 18 passed the Senate and was referred to the Secretary for engrossment. CONSIDERATION OF THE CALENDAR CONTINUED SECOND READING OF HOUSE BILLS HB 63 CS FOR HOUSE BILL NO. 63(2d RLS) An Act amending the definition of motor fuel under the states motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in flights that continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which the fuel was produced fails to comply with terms of a voluntary agreement entered into by the refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinerys capacity is expanded, to add exemption from the tax for certain number 6 residual fuel oil, also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and providing for an effective date which had been placed at the bottom of the calendar (page 1996) was read the second time. Fiscal note for the Senate Committee Substitute published today from Department of Revenue. Senator Leman moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 1991. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 63(RLS) An Act relating to the tax on motor fuel; amending the definition of motor fuel under the states motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in flights that continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which 1997-05-11 Senate Journal Page 2025 HB 63 the fuel was produced fails to comply with terms of a voluntary agreement entered into by the refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinerys capacity is expanded, to add exemption from the tax for certain number 6 residual fuel oil, also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and providing for an effective date was adopted and read the second time. Amendment No. 1 was not offered. Senator Donley offered Amendment No. 2 : Page 2, line 18: Delete "four cents" Insert "six cents a gallon" Page 3, line 22: Delete "four cents" Insert "six cents a gallon" Page 4, line 25: Delete "four cents" Insert "six cents a gallon" Page 5, line 28: Delete "four cents" Insert "six cents a gallon" Senator Donley moved and asked unanimous consent for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Donley offered Amendment No. 3 : 1997-05-11 Senate Journal Page 2026 HB 63 Page 2, line 1, following "June 30, 1998;": Insert "and relating to use of ethanol to satisfy oxygenated fuel requirements;" Page 2, following line 3: Insert a new bill section to read: "* Section 1. LEGISLATIVE INTENT. It is the legislature's intent that the Department of Environmental Conservation work with the Municipality of Anchorage to obtain an exemption from oxygenated fuel use requirements that encourage the use of ethanol." Page 2, line 4: Delete "* Section 1." Insert "* Sec. 2." Renumber the following bill sections accordingly. Page 10, line 2: Delete "SECTIONS 2 AND 4. Sections 2 and 4" Insert "SECTIONS 3 AND 5. Sections 3 and 5" Page 10, line 8: Delete "Sections 1, 3, and 5 - 9" Insert "Sections 1, 2, 4, and 6 - 10" Page 10, line 9: Delete "secs. 2 and 4" Insert "secs. 3 and 5" Delete "sec. 9" Insert "sec. 10" Page 10, line 12: Delete "sec. 9" Insert "sec. 10" Page 10, line 13: Delete "sec. 9" Insert "sec. 10" 1997-05-11 Senate Journal Page 2027 HB 63 Page 10, line 16: Delete "sec. 9" Insert "sec. 10" Senator Donley moved and asked unanimous consent for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 63(RLS) am S was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 63(RLS) am S An Act relating to the tax on motor fuel; amending the definition of motor fuel under the states motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in flights that continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which the fuel was produced fails to comply with terms of a voluntary agreement entered into by the refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinerys capacity is expanded, to add exemption from the tax for certain number 6 residual fuel oil, also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and relating to use of ethanol to satisfy oxygenated fuel requirements; and providing for an effective date pass the Senate? The roll was taken with the following result: 1997-05-11 Senate Journal Page 2028 HB 63 SCS CSHB 63(RLS) am S Third Reading - Final Passage YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Hoffman, Leman, Lincoln, Mackie, Miller, Sharp, Taylor, Ward, Wilken Nays: Donley, Ellis, Green, Halford, Parnell, Pearce, Phillips, Torgerson Excused: Kelly and so, SENATE CS FOR CS FOR HOUSE BILL NO. 63(RLS) am S 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: SCS CSHB 63(RLS) am S Effective Date Clause YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Donley, Ellis, Phillips Excused: Kelly and so, the effective date clause was adopted. Senator Taylor moved and asked unanimous consent that under Rule 43(b) of the Uniform Rules engrossment be waived. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 63(RLS) am S was transmitted to the House with certified amendments. 1997-05-11 Senate Journal Page 2029 THIRD READING OF HOUSE RESOLUTIONS HJR 31 HOUSE JOINT RESOLUTION NO. 31 which had been placed at the bottom of the calendar (page 2009) was read the third time. The question being: Shall HOUSE JOINT RESOLUTION NO. 31 Requesting the United States Congress to amend the Federal Food, Drug, and Cosmetic Act, pass the Senate? The roll was taken with the following result: HJR 31 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 JOINT RESOLUTION NO. 31 passed the Senate, was signed by the President and Secretary and returned to the House. UNFINISHED BUSINESS RECONSIDERATION OF HOUSE BILLS HB 207 Senator Parnell requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 207(L&C) be taken up. SENATE CS FOR CS FOR HOUSE BILL NO. 207(L&C) was before the Senate on reconsideration. The question to be reconsidered: 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: 1997-05-11 Senate Journal Page 2030 HB 207 SCS CSHB 207(L&C) Third Reading - On Reconsideration 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, SENATE CS FOR CS FOR HOUSE BILL NO. 207(L&C) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Senator Taylor moved and asked unanimous consent that the Senate adopt the supplemental citation calendar. Without objection, it was so ordered. CITATIONS Honoring - Barbara Snell, BP Teacher of Excellence Senator(s) Kelly, Wilken, Pearce, Duncan, Lincoln, Halford, Ellis, Taylor, Parnell, Leman, Green Honoring - Charlie Parr Representative(s) Davies Senator(s) Miller, Wilken, Phillips, Pearce, Duncan, Lincoln, Taylor, Kelly, Parnell, Adams, Leman, Green Honoring - Linda Conley Representative(s) Foster Senator(s) Adams, Taylor, Kelly, Duncan, Lincoln, Pearce, Leman, Green Honoring - Senate Floor Staff Senator(s) Kelly, Miller, Taylor, Parnell, R. Phillips, Adams, Halford, Duncan, Lincoln, Pearce, Torgerson, Green, Leman 1997-05-11 Senate Journal Page 2031 Honoring - The House Sergeant-At-Arms, House Assistant Sergeant- At-Arms, House Pages Representative(s) Kott Senator(s) Taylor, Kelly, Parnell, Adams, Halford, Duncan, Lincoln, Pearce, Leman, Green Honoring - Jonathan M. Johnson, Eagle Scout Representative(s) Vezey Senator(s) Sharp, Wilken, Miller, Taylor, Kelly, Parnell, Duncan, Lincoln, Pearce, Leman, Green In Memoriam - Moses John Cruikshank Senator(s) Lincoln, Taylor, Kelly, Duncan, Pearce, Leman, Green Representative(s) Nicholia In Memoriam - Don Nelson Senator(s) Miller, Sharp, Wilken, Lincoln, Duncan, Pearce, Mackie, Leman, Kelly, Taylor, Hoffman, Green, Parnell, Adams, Halford 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. RECONSIDERATION OF HOUSE BILLS HB 208 Senator Taylor moved and asked unanimous consent that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 208(FIN) be taken up at this time. Senator Halford objected, then withdrew his objection. There being no further objections, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 208(FIN) was before the Senate on reconsideration. 1997-05-11 Senate Journal Page 2032 HB 208 The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 208(FIN) An Act relating to the board of directors of the Alaska Aerospace Development Corporation pass the Senate? The roll was taken with the following result: SCS CSHB 208(FIN) Third Reading - On Reconsideration YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Mackie, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Halford, Hoffman, Leman, Lincoln, Miller, Sharp, Taylor Excused: Kelly and so, SENATE CS FOR CS FOR HOUSE BILL NO. 208(FIN) passed the Senate on reconsideration and was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SCR 17 SENATE CONCURRENT RESOLUTION NO. 17 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 241, relating to the Pioneers Home program, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 18 SENATE CONCURRENT RESOLUTION NO. 18 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 63, relating to motor fuel taxes, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1997-05-11 Senate Journal Page 2033 HJR 27 SENATE CS FOR HOUSE JOINT RESOLUTION NO. 27(TRA) 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 engrossed, signed by the President and Secretary and returned to the House for consideration. HB 63 Engrossment was waived on SENATE CS FOR CS FOR HOUSE BILL NO. 63(RLS) am S An Act relating to the tax on motor fuel; amending the definition of motor fuel under the states motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in flights that continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which the fuel was produced fails to comply with terms of a voluntary agreement entered into by the refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinerys capacity is expanded, to add exemption from the tax for certain number 6 residual fuel oil, also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and relating to use of ethanol to satisfy oxygenated fuel requirements; and providing for an effective date and the bill was transmitted to the House with certified amendments. HB 109 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. 1997-05-11 Senate Journal Page 2034 HB 207 SENATE CS FOR CS FOR HOUSE BILL NO. 207(L&C) An Act relating to employer drug and alcohol testing programs was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 208 SENATE CS FOR CS FOR HOUSE BILL NO. 208(FIN) An Act relating to the board of directors of the Alaska Aerospace Development Corporation was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 241 SENATE CS FOR HOUSE BILL NO. 241(STA) An Act relating to payment assistance for costs of residing in the Alaska Pioneers Home, and providing that certain income and assets of a resident shall be disregarded in determining payment assistance, including income from any source in an amount equal to at least $100, cash dividends and other income equal to at least $2,000 received under the Alaska Native Claims Settlement Act, a permanent fund dividend, an amount for burial expenses of the resident, the residents spouse and dependents of the resident, the primary residence of the residents spouse or a dependent of the resident, and other property equal to at least a total value of $5,000; relating to claims against the estate of a beneficiary of the Pioneers Home program; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. President Miller appointed Senators Mackie and Hoffman to call on the House and inform them the Senate was ready to adjourn. President Miller appointed Senators Taylor and Halford to call on the Governor and inform him the Senate was ready to adjourn. 1997-05-11 Senate Journal Page 2035 ADJOURNMENT In closing, Senator Parnell offered the following: As we remember our colleague, Senator Kelly, who has been in our thoughts and in our prayers, I thought it appropriate to close with a poem that celebrates his heritage and mine: An Irish Blessing May the road rise up to meet you. May the wind be always at your back. May the sun shine warm upon your face. May the rain fall soft upon your fields. And until we meet again, May God hold you in the palm of his hand. Senator Parnell moved and asked unanimous consent that the First Session of the Twentieth Alaska State Senate stand in adjournment until 10:00 a.m., January 12, 1998. Without objection, the Senate adjourned at 11:04 p.m. Nancy Quinto Secretary of the Senate May 1997 1997-05-11 Senate Journal Page 2036 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 RULES FAHRENKAMP RM 203 MAY 11 SUNDAY 12:30 PM HB 63MOTOR FUEL TAX EXEMPTION HB 208ALASKA AEROSPACE DEVELOPMENT CORP. BOARD MAY 11 SUNDAY 4:45 PM SCR 18SUSPEND UNIFORM RULES FOR HB 63 OTHER MEETINGS JOINT SESSION HOUSE CHAMBER MAY 11 SUNDAY 2:15 PM CONSIDER GOVERNORS ACTIONS ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 11 SUNDAY 6:00 PM MAJORITY CAUCUS