Legislature(1997 - 1998)
1998-05-12 Senate Journal
Full Journal pdf1998-05-12 Senate Journal Page 4105 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska One Hundred Twenty-first Day Pursuant to adjournment the Senate was called to order by President Miller at 11:20 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Senator Taylor. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, make us instruments of Your peace. Where there is hatred, let us sow love, where there is injury, pardon; where there is discord, union; where there is doubt, faith, where there is despair, hope; where there is darkness, light; where there is sadness, joy. Grant that we may not so much seek to be consoled as to console; to be understood as to understand; to be loved as to love. For it is in giving that we receive; it is in pardoning that we are pardoned; and it is in dying that we are born to eternal life. Amen. Senator Duncan led the Senate in the Pledge of Allegiance. 4105 1998-05-12 Senate Journal Page 4106 Messages from the House HJR 56 Message dated May 12 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO. 56(RLS), thus adopting: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 56(CRA) Relating to yttrium mining and transfer of the linear induction motor research vehicle to Alaska. HJR 57 Message dated May 12 was read, stating the House concurred in the Senate amendment to HOUSE JOINT RESOLUTION NO. 57 am, thus adopting: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 57(STA) Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. HB 7 Message dated May 12 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 7(JUD) An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims, and providing immunity from civil suits for youth courts and for members of the boards of directors, employees, volunteers, and members of youth courts thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 7(JUD) An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims, and providing immunity from civil suits for members of the boards of directors and certain participants in youth courts. (title change authorized by SCR 30) 1998-05-12 Senate Journal Page 4107 HB 170 Message dated May 12 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 170(HES), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 170(FIN) An Act relating to interference with the rights of physically and mentally challenged persons; and relating to service animals during their pre- training and training period. HB 182 Message dated May 12 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 182(RLS), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 182(RES) An Act relating to the qualifications of the state forester. HB 203 Message dated May 12 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 203(JUD), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 203(JUD) An Act relating to actions for unlawful trade practices. HB 239 Message dated May 12 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 239(FIN), thus adopting: 1998-05-12 Senate Journal Page 4108 HB 239 SENATE CS FOR CS FOR HOUSE BILL NO. 239(FIN) An Act relating to the liability of motor fuel dealers for payment of tax imposed on certain credit transactions involving motor fuel sales or transfers that become worthless debts or on sales or transfers to persons who declare bankruptcy; and providing for an effective date. HB 245 Message dated May 12 was read, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 245(RLS) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 245(HES) am S An Act relating to assault in the fourth degree; relating to the definition of crime involving domestic violence in AS 11; relating to unlawful contact with a victim or witness; relating to rehabilitation programs for perpetrators of domestic violence; amending Rule 5(b), Alaska Rules of Criminal Procedure and Rule 404(b), Alaska Rules of Evidence; and providing for an effective date. HB 285 Message dated May 12 was read, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 285(RES) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 285(RES) am S An Act relating to suspension or revocation of commercial fishing permits, licenses, and privileges; and providing for an effective date. HB 375 Message dated May 12 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 375(FIN) am(reengrossed), thus adopting: 1998-05-12 Senate Journal Page 4109 HB 375 SENATE CS FOR CS FOR HOUSE BILL NO. 375(JUD) An Act relating to children-in-need-of-aid matters and proceedings; relating to child abuse and neglect; relating to kidnapping and the crime of endangering the welfare of a child; relating to sentencing for certain crimes; relating to the state medical examiner and reviews of child fatalities; relating to modification of child support orders by the child support enforcement agency; relating to access to, confidentiality of, and release of certain information concerning children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; relating to the review of cases involving certain children who are in the custody of the state; authorizing the establishment of multidisciplinary child protection teams and relating to their duties; relating to persons required to report suspected child abuse or neglect; relating to foster care and foster parents; relating to access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; and amending Rules 3, 7, 10, 15, 18, 19, and 22, Alaska Child in Need of Aid Rules. HB 471 Message dated May 12 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 471(CRA) An Act relating to the boards of commissioners of regional Native housing authorities; relating to the reinstatement of Native corporations; and providing for an effective date thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 471(CRA) An Act relating to the reinstatement of Native corporations; and providing for an effective date. (title change authorized by SCR 29) HB 486 Message dated May 11 was read, stating the House failed to concur in the Senate amendment to CS FOR HOUSE BILL NO. 486(L&C) and respectfully requests the Senate to recede from its amendment, namely: 1998-05-12 Senate Journal Page 4110 HB 486 CS FOR HOUSE BILL NO. 486(L&C) am S An Act relating to the Alaska Securities Act; and providing for an effective date. In the event the Senate fails to recede, the Speaker has appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the bills: Representative Rokeberg, Chair Representative Kott Representative Kookesh Senator Taylor moved that the Senate recede from its amendment and recommended the body vote no. The question being: "Shall the Senate recede from its amendment?" The roll was taken with the following result: CSHB 486(L&C) am S Shall the Senate recede from its amendment to CSHB 486(L&C)? YEAS: 6 NAYS: 13 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Mackie Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward Absent: Wilken and so, the Senate failed to recede. The President appointed the following members to a Conference Committee to meet with the like committee from the House: Senator Halford, Chair Senator Ward Senator Adams 1998-05-12 Senate Journal Page 4111 HB 486 President Miller granted limited powers of free conference on Section 43. The Secretary was requested to notify the House. Communications Disclosure letters were received in accordance with AS 24.60 and will be published in Senate Journal Supplement No. 8. Standing Committee Reports HB 12 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 12(FIN) am An Act relating to civil liability for commercial recreational activities and certain skating and cycling activities; and providing for an effective date and recommended the adoption of the Transportation Senate Committee Substitute offered on page 4018. Signing do pass: Senator Leman, Chair, Senators Kelly, Miller. Previous House zero fiscal note. The bill was referred to the Judiciary Committee. HB 73 The Resources Committee considered HOUSE BILL NO. 73 An Act extending the termination dates of the salmon marketing programs of the Alaska Seafood Marketing Institute and the salmon marketing assessment; and providing for an effective date and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 73(RES) Signing no recommendation: Senator Halford, Chair, Senator Green. Signing do pass: Senators Torgerson, Leman, Lincoln, Taylor. 1998-05-12 Senate Journal Page 4112 HB 73 Previous House fiscal notes apply to the Senate Committee Substitute. The bill was referred to the Finance Committee. Senator Sharp, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on the bill. Without objection, the bill was referred to the Rules Committee. HB 204 The Resources Committee considered CS FOR HOUSE BILL NO. 204(RES) An Act revising the procedures and authority of the Alaska Commercial Fisheries Entry Commission, the Board of Fisheries, and the Department of Fish and Game to establish a moratorium on participants or vessels, or both, participating in certain fisheries; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 204(RES) Signing do pass: Senator Halford, Chair, Senators Torgerson, Taylor, Leman. Signing no recommendation: Senators Lincoln, Green. Previous House zero fiscal note applies to the Senate Committee Substitute. The bill was referred to the Rules Committee. HB 323 The Finance Committee considered CS FOR HOUSE BILL NO. 323(FIN) An Act relating to the calculation of employee contributions and credited service in the public employees retirement system for noncertificated employees of school districts, regional educational attendance areas, the Alaska Vocational Technical Center, and state boarding schools; and providing for an effective date. Signing do pass: Senator Pearce, Cochair, Senators Phillips, Parnell, Adams, Donley. 1998-05-12 Senate Journal Page 4113 HB 323 Previous House fiscal note. The bill was referred to the Rules Committee. HJR 68 The Resources Committee considered HOUSE JOINT RESOLUTION NO. 68 am Relating to continued operation of the McKinley Park airstrip for general aviation and access to Denali National Park and Preserve. Signing do pass: Senator Halford, Chair, Senators Torgerson, Leman. Signing no recommendation: Senator Lincoln. Previous House zero fiscal note. The resolution was referred to the Rules Committee. Recess Senator Taylor moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 11:40 a.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 1:56 p.m. The purpose of the Joint Session was to consider the confirmation of the Governors appointments. Senator Taylor moved and asked unanimous consent that Senator Sharp be excused from a call of the Joint Session. Without objection, it was so ordered. The roll of the Senate was called and showed nineteen members present. 1998-05-12 Senate Journal Page 4114 The roll of the House was taken and showed forty members present. The Governors appointments are as follows: Commissioner Department of Commerce and Economic Development Deborah B. Sedwick - Anchorage Appointed: 12/10/97 1998 Boards and Commissions Alaska Army National Guard - Assistant Adjutant General Brigadier General Stephen P. Korenek Alaska State Board of Public Accountancy Marjorie J. Kaiser, C.P.A. - Anchorage Appointed: 07/16/97 Expires: 04/25/01 Steven R. Tarola, C.P.A. - Barrow Appointed: 07/16/97 Expires: 04/25/01 Sandra R. Wilson - Fairbanks Appointed: 07/16/97 Expires: 04/25/01 Alcoholic Beverage Control Board Toni L. Jackson - Copper Center Appointed: 08/27/97 Expires: 01/31/00 State Board of Registration for Architects, Engineers, and Land Surveyors Kathy L. Gardner, P.E. - Anchorage Appointed: 04/03/98 Expires: 07/01/99 Donald J. Iverson - Anchorage Appointed: 08/12/97 Expires: 07/01/01 Patrick H. Kalen - Fairbanks Appointed: 03/20/98 Expires 07/01/00 Scott McLane, P.L.S. - Soldotna Appointed: 08/12/97 Expires: 07/01/01 Patricia Peirsol - Fairbanks Appointed: 08/12/97 Expires: 07/01/01 1998-05-12 Senate Journal Page 4115 Board of Barbers and Hairdressers Inge Bolivar - Anchorage Appointed: 04/06/98 Expires: 07/01/01 Lawrence R. Krupa - North Pole Appointed: 04/08/94 Reappointed: 07/16/97 Expires: 07/01/02 Board of Chiropractic Examiners Trevor V. Ireland, D.C. - Anchorage Appointed: 07/15/93 Reappointed: 11/26/97 Expires: 07/15/01 Alaska Commercial Fisheries Entry Commission (CFEC) Mary McDowell - Juneau Appointed: 10/06/97 Expires: 07/01/01 Board of Dental Examiners James B. Blasingame - Anchorage Appointed: 04/03/98 Expires: 02/01/01 Raymond L. Lang, D.D.S. - Nome Appointed: 03/20/98 Expires 02/01/02 Board of Dispensing Opticians Cynde M. Oleck - Fairbanks Appointed: 03/20/98: Expires 06/14/01 Board of Education Bettye Davis - Anchorage Appointed: 02/01/98 Expires: 01/31/03 Mike Williams - Akiak Appointed: 02/01/98 Expires: 01/31/03 Board of Fisheries Russell S. Nelson - Dillingham Appointed: 03/21/98 Expires: 06/30/01 John R. White - Bethel Appointed: 02/09/95 Reappointed: 03/21/98 Expires 06/30/01 1998-05-12 Senate Journal Page 4116 Board of Game Robert Churchill - Anchorage Appointed: 09/23/97 Expires: 01/31/00 Walter Sampson - Kotzebue Appointed: 03/19/98 Expires: 01/31/01 Eric Williamson - Anchorage Appointed: 03/19/98 Expires: 01/31/01 State Commission for Human Rights Ruth G. Benson - Fairbanks Appointed: 11/26/97 Expires: 01/31/99 James H. Chase - Anchorage Appointed: 02/06/98 Expires: 01/31/03 Christine R. Marasigan - Kodiak Appointed: 02/06/98 Expires: 01/31/03 Commission on Judicial Conduct Jeffrey M. Feldman, Esq. - Anchorage Appointed: 09/01/93 Reappointed: 07/16/97 Expires: 04/28/01 Alaska Judicial Council Mary Matthews - Fairbanks Appointed: 05/19/97 Expires: 05/18/03 Alaska Labor Relations Agency Karen J. Mahurin - Kenai Appointed: 08/11/93 Reappointed: 06/30/94, 12/02/97 Expires: 06/30/00 Alfred L. Tamagni, Sr. - Anchorage Appointed: 06/30/93 Reappointed: 12/02/97 Expires: 06/30/99 Board of Marine Pilots Peter S. Garay - Homer Appointed: 07/16/97 Expires: 06/01/01 Michael N. White - Anchorage Appointed: 10/31/97 Expires: 06/01/00 1998-05-12 Senate Journal Page 4117 Board of Marital and Family Therapy Dixie A. Hood - Juneau Appointed: 10/12/95 Reappointed: 01/21/98 Expires: 12/14/01 Wilfred M. Miles, Ph.D. - Wasilla Appointed: 04/03/98 Expires: 12/14/01 Elaine L. Williams - Juneau Appointed: 07/16/97 Expires: 12/14/00 State Medical Board Martha T. Cotten, M.D. - Eagle River Appointed: 10/03/97 Expires: 04/21/00 Constance E. Livsey - Anchorage Appointed: 10/03/97 Expires: 08/13/00 Alaska Mental Health Trust Authority Board of Trustees Susan LaBelle, MSW - Anchorage Appointed: 10/31/97 Expires: 03/03/99 Board of Certified Direct-Entry Midwives Martha J. Linden, C.N.M. - Anchorage Appointed: 11/26/97 Expires: 07/21/01 Occupational Safety and Health Review Board Dennis Davidson - Anchorage Appointed: 08/12/97 Expires: 08/01/01 Carla Meek - Juneau Appointed: 07/16/97 Expires: 08/01/00 Alaska Oil and Gas Conservation Commission Camille Oechsli - Anchorage Appointed: 08/28/97 Expires: 12/31/02 Personnel Board Charlie Parr - Fairbanks Appointed: 09/02/97 Expires: 03/20/02 1998-05-12 Senate Journal Page 4118 Board of Pharmacy Paul Joseph Gionet, R.Ph. - Anchorage Appointed: 04/01/93 Reappointed: 11/26/97 Expires: 04/01/01 Gerry Knasiak - Ketchikan Appointed: 04/16/98 Expires: 04/01/01 Martin Krull, R.Ph. - Anchorage Appointed: 01/21/98 Expires: 04/01/01 State Physical Therapy and Occupational Therapy Board Sundi M. Hondl, L.P.T. - Wasilla Appointed: 01/21/98 Expires: 09/01/01 Ann P. Mattson - Juneau Appointed: 01/20/94 Reappointed: 01/21/98 Expires: 01/01/02 Professional Teaching Practices Commission Georgia S. Cast - Bethel Appointed: 10/31/97 Expires: 07/01/00 Patricia E. Chitty - Nikolaevsk Appointed: 10/31/97 Expires: 07/01/00 Linda Connelly - Palmer Appointed: 10/31/97 Expires: 07/01/99 Judith Entwife - Juneau Appointed: 10/31/97 Expires: 07/01/00 Board of Psychologist and Psychological Associate Examiners Carey S. Edney, Ph.D. - Anchorage Appointed: 10/31/97 Expires: 07/01/01 David J. Sperbeck, Ph.D. - Anchorage Appointed: 08/21/96 Reappointed: 10/31/97 Expires: 07/01/01 Alaska Public Offices Commission (APOC) Kathleen Harrington - Anchorage Appointed: 08/12/97 Expires: 02/01/00 Mark C. Rowland - Anchorage Appointed: 04/16/98 Expires: 02/01/03 Philip R. Volland, Esq. - Anchorage Appointed: 06/23/97 Expires: 02/01/02 1998-05-12 Senate Journal Page 4119 Board of Certified Real Estate Appraisers Judy Kemplen - Anchorage Appointed: 01/21/98 Expires: 06/30/01 Real Estate Commission Audrey J. Foldoe - Fairbanks Appointed: 10/05/93 Reappointed: 01/21/98 Expires: 01/31/01 Board of Veterinary Examiners Deanna J. Thornell, D.V.M. - Fairbanks Appointed: 01/31/94 Reappointed: 01/21/98 Expires: 01/31/02 Violent Crimes Compensation Board Carol L. Alley, M.D. - Ketchikan Appointed: 12/01/95 Reappointed: 01/21/98 Expires: 12/15/00 Alaska Workers' Compensation Board John A. Abshire - Anchorage Appointed: 07/23/97 Expires: 07/01/00 Valerie K. Baffone - Anchorage Appointed: 11/08/96 Reappointed: 07/01/97 Expires: 07/01/00 Shawn Pierre - Chugiak Appointed: 11/08/96 Reappointed: 07/01/97 Expires: 07/01/00 Florence S. Rooney - Anchorage Appointed: 07/01/93 Reappointed: 10/31/97 Expires: 07/01/99 Marc D. Stemp - Bethel Appointed: 03/20/98 Expires 07/01/00 James G. Williams - Douglas Appointed: 07/05/95 Reappointed: 07/01/97 Expires: 07/01/00 Senator Taylor moved and asked unanimous consent that Deborah B. Sedwick be confirmed as Commissioner of the Department of Commerce and Economic Development. Without objection, it was so ordered. 1998-05-12 Senate Journal Page 4120 Senator Taylor moved and asked unanimous consent that the Governors appointments to the following boards and commissions be confirmed: Alaska Army National Guard - Assistant Adjutant General Brigadier General Stephen P. Korenek Alaska State Board of Public Accountancy Marjorie J. Kaiser, C.P.A. - Anchorage Appointed: 07/16/97 Expires: 04/25/01 Steven R. Tarola, C.P.A. - Barrow Appointed: 07/16/97 Expires: 04/25/01 Sandra R. Wilson - Fairbanks Appointed: 07/16/97 Expires: 04/25/01 Alcoholic Beverage Control Board Toni L. Jackson - Copper Center Appointed: 08/27/97 Expires: 01/31/00 State Board of Registration for Architects, Engineers, and Land Surveyors Kathy L. Gardner, P.E. - Anchorage Appointed: 04/03/98 Expires: 07/01/99 Donald J. Iverson - Anchorage Appointed: 08/12/97 Expires: 07/01/01 Patrick H. Kalen - Fairbanks Appointed: 03/20/98 Expires 07/01/00 Scott McLane, P.L.S. - Soldotna Appointed: 08/12/97 Expires: 07/01/01 Patricia Peirsol - Fairbanks Appointed: 08/12/97 Expires: 07/01/01 Board of Barbers and Hairdressers Inge Bolivar - Anchorage Appointed: 04/06/98 Expires: 07/01/01 Lawrence R. Krupa - North Pole Appointed: 04/08/94 Reappointed: 07/16/97 Expires: 07/01/02 1998-05-12 Senate Journal Page 4121 Board of Chiropractic Examiners Trevor V. Ireland, D.C. - Anchorage Appointed: 07/15/93 Reappointed: 11/26/97 Expires: 07/15/01 Objections were heard to the confirmation of Brigadier General Stephen P. Korenek. Senator Taylor moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the appointments to the above boards with the exception of Brigadier General Stephen P. Korenek be confirmed. Without objection, it was so ordered. Senator Taylor moved that Brigadier General Stephen P. Korenek be confirmed as Assistant Adjutant General of the Alaska Army National Guard. The question being: Shall Brigadier General Stephen P. Korenek be confirmed? The roll of the Senate was called with the following result: SENATE Alaska Army National Guard - Assistant Adjutant General Confirm - Brigadier General Stephen P. Korenek YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Green, Halford, Kelly, Leman, Lincoln, Mackie, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken, Donley, Duncan, Miller Nays: Hoffman, Adams Excused: Sharp 1998-05-12 Senate Journal Page 4122 The roll of the House was taken with the following result: HOUSE Alaska Army National Guard - Assistant Adjutant General Confirm - Korenek YEAS: 34 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Bunde, Cowdery, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Barnes, Berkowitz, Croft, Joule, Kubina, Nicholia TOTALS: YEAS: 51 NAYS: 8 EXCUSED: 1 and so, Brigadier General Stephen P. Korenek was confirmed. Senator Taylor moved and asked unanimous consent that the Governors appointments to the following boards and commissions be confirmed: Alaska Commercial Fisheries Entry Commission (CFEC) Mary McDowell - Juneau Appointed: 10/06/97 Expires: 07/01/01 Board of Dental Examiners James B. Blasingame - Anchorage Appointed: 04/03/98 Expires: 02/01/01 Raymond L. Lang, D.D.S. - Nome Appointed: 03/20/98 Expires 02/01/02 Board of Dispensing Opticians Cynde M. Oleck - Fairbanks Appointed: 03/20/98: Expires 06/14/01 1998-05-12 Senate Journal Page 4123 Board of Education Bettye Davis - Anchorage Appointed: 02/01/98 Expires: 01/31/03 Mike Williams - Akiak Appointed: 02/01/98 Expires: 01/31/03 Board of Fisheries Russell S. Nelson - Dillingham Appointed: 03/21/98 Expires: 06/30/01 John R. White - Bethel Appointed: 02/09/95 Reappointed: 03/21/98 Expires 06/30/01 Board of Game Robert Churchill - Anchorage Appointed: 09/23/97 Expires: 01/31/00 Walter Sampson - Kotzebue Appointed: 03/19/98 Expires: 01/31/01 Eric Williamson - Anchorage Appointed: 03/19/98 Expires: 01/31/01 State Commission for Human Rights Ruth G. Benson - Fairbanks Appointed: 11/26/97 Expires: 01/31/99 James H. Chase - Anchorage Appointed: 02/06/98 Expires: 01/31/03 Christine R. Marasigan - Kodiak Appointed: 02/06/98 Expires: 01/31/03 Objections were heard to the appointments of John R. White, Robert Churchill, Walter Sampson, Eric Williamson. Senator Taylor moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the appointments to the above boards with the exception of John R. White, Robert Churchill, Walter Sampson, and Eric Williamson be confirmed. Without objection, it was so ordered. 1998-05-12 Senate Journal Page 4124 Senator Taylor moved that John R. White be confirmed to the Board of Fisheries. The question being: Shall John R. White be confirmed? The roll of the House was taken with the following result: HOUSE Board of Fisheries Confirm - White YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Mulder, Nicholia, Ogan, Porter, Rokeberg, Therriault, Williams Nays: Barnes, Davis, Hodgins, Hudson, Kubina, Masek, Moses, Phillips, Ryan, Sanders, Vezey Bunde changed from "Nay" to "Yea". The roll of the Senate was called with the following result: SENATE Board of Fisheries Confirm - John R. White YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Green, Halford, Hoffman, Kelly, Lincoln, Mackie, Parnell, Phillips, Taylor, Adams, Donley, Duncan, Ellis, Miller Nays: Leman, Pearce, Torgerson, Ward, Wilken Excused: Sharp TOTALS: YEAS: 43 NAYS: 16 EXCUSED: 1 and so, John R. White was confirmed. Senator Taylor moved that Robert Churchill be confirmed to the Board of Game. 1998-05-12 Senate Journal Page 4125 The question being: Shall Robert Churchill be confirmed? The roll of the Senate was called with the following result: SENATE Board of Game Confirm - Robert Churchill YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Parnell, Pearce, Phillips, Taylor, Torgerson, Wilken, Adams, Donley, Duncan, Ellis, Green, Miller Nays: Ward Excused: Sharp Halford changed from Nay to Yea. Taylor changed from Nay to Yea. Green changed from Nay to Yea. The roll of the House was taken with the following result: HOUSE Board of Game Confirm - Churchill YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Therriault, Williams Nays: Barnes, Hodgins, Kelly, Kohring, Ogan, Ryan, Sanders, Vezey Masek changed from "Nay" to "Yea". Cowdery changed from "Nay" to "Yea". TOTALS: YEAS: 50 NAYS: 9 EXCUSED: 1 and so, Robert Churchill was confirmed. 1998-05-12 Senate Journal Page 4126 Senator Taylor moved that Walter Sampson be confirmed to the Board of Game. Senator Hoffman moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Hoffman was required to vote. The question being: Shall Walter Sampson be confirmed? The roll of the House was taken with the following result: HOUSE Board of Game Confirm - Sampson YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Therriault, Williams Nays: Barnes, Hodgins, James, Kohring, Ogan, Ryan, Sanders, Vezey The roll of the Senate was called with the following result: SENATE Board of Game Confirm - Walter Sampson YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Hoffman, Kelly, Leman, Lincoln, Mackie, Parnell, Pearce, Phillips, Taylor, Torgerson, Wilken, Adams, Donley, Duncan, Ellis, Green, Halford, Miller Nays: Ward Excused: Sharp TOTALS: YEAS: 50 NAYS: 9 EXCUSED: 1 1998-05-12 Senate Journal Page 4127 and so, Walter Sampson was confirmed. Senator Taylor moved that Eric Williamson be confirmed to the Board of Game. The question being: Shall Eric Williamson be confirmed? The roll of the Senate was called with the following result: SENATE Board of Game Confirm - Eric Williamson YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Lincoln, Mackie, Parnell, Phillips, Wilken, Duncan, Ellis Nays: Kelly, Leman, Pearce, Taylor, Torgerson, Ward, Adams, Donley, Green, Halford, Hoffman, Miller Excused: Sharp The roll of the House was taken with the following result: HOUSE Board of Game Confirm - Williamson YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hudson, Ivan, Joule, Kemplen, Kookesh, Kott, Kubina, Martin, Moses, Nicholia, Phillips, Rokeberg, Sanders Nays: Barnes, Cowdery, Foster, Hanley, Hodgins, James, Kelly, Kohring, Masek, Mulder, Ogan, Porter, Ryan, Therriault, Vezey, Williams TOTALS: YEAS: 31 NAYS: 28 EXCUSED: 1 and so, Eric Williamson was confirmed. 1998-05-12 Senate Journal Page 4128 Senator Taylor moved and asked unanimous consent that the Governors appointments to the following boards and commissions be confirmed: Commission on Judicial Conduct Jeffrey M. Feldman, Esq. - Anchorage Appointed: 09/01/93 Reappointed: 07/16/97 Expires: 04/28/01 Alaska Judicial Council Mary Matthews - Fairbanks Appointed: 05/19/97 Expires: 05/18/03 Alaska Labor Relations Agency Karen J. Mahurin - Kenai Appointed: 08/11/93 Reappointed: 06/30/94, 12/02/97 Expires: 06/30/00 Alfred L. Tamagni, Sr. - Anchorage Appointed: 06/30/93 Reappointed: 12/02/97 Expires: 06/30/99 Board of Marine Pilots Peter S. Garay - Homer Appointed: 07/16/97 Expires: 06/01/01 Michael N. White - Anchorage Appointed: 10/31/97 Expires: 06/01/00 Board of Marital and Family Therapy Dixie A. Hood - Juneau Appointed: 10/12/95 Reappointed: 01/21/98 Expires: 12/14/01 Wilfred M. Miles, Ph.D. - Wasilla Appointed: 04/03/98 Expires: 12/14/01 Elaine L. Williams - Juneau Appointed: 07/16/97 Expires: 12/14/00 1998-05-12 Senate Journal Page 4129 State Medical Board Martha T. Cotten, M.D. - Eagle River Appointed: 10/03/97 Expires: 04/21/00 Constance E. Livsey - Anchorage Appointed: 10/03/97 Expires: 08/13/00 Alaska Mental Health Trust Authority Board of Trustees Susan LaBelle, MSW - Anchorage Appointed: 10/31/97 Expires: 03/03/99 Board of Certified Direct-Entry Midwives Martha J. Linden, C.N.M. - Anchorage Appointed: 11/26/97 Expires: 07/21/01 Objections were heard to the appointments of Dixie A. Hood and Constance E. Livsey. Senator Taylor moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the appointments to the above boards with the exception of Dixie A. Hood and Constance E. Livsey be confirmed. Without objection, it was so ordered. Senator Taylor moved that Dixie A. Hood be confirmed to the Board of Marital and Family Therapy. The question being: Shall Dixie A. Hood be confirmed? The roll of the House was taken with the following result: 1998-05-12 Senate Journal Page 4130 HOUSE Board of Marital and Family Therapy Confirm - Hood YEAS: 28 NAYS: 11 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kott, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Therriault, Williams Nays: Cowdery, Dyson, Hodgins, Kelly, Kohring, Martin, Masek, Ogan, Ryan, Sanders, Vezey Absent: Barnes Porter changed from "Nay" to "Yea". The roll of the Senate was called with the following result: SENATE Board of Marital and Family Therapy Confirm - Dixie A. Hood YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Lincoln, Mackie, Parnell, Pearce, Phillips, Taylor, Torgerson, Wilken, Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Miller Nays: Leman, Ward, Halford Excused: Sharp TOTALS: YEAS: 44 NAYS: 14 EXCUSED: 1 ABSENT: 1 and so, Dixie A. Hood was confirmed. Senator Taylor moved that Constance E. Livsey be confirmed to the State Medical Board. The question being: Shall Constance E. Livsey be confirmed? The roll of the Senate was called with the following result: 1998-05-12 Senate Journal Page 4131 SENATE State Medical Board Confirm - Constance E. Livsey YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Lincoln, Mackie, Parnell, Pearce, Phillips, Torgerson, Wilken, Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Miller Nays: Taylor, Ward, Halford, Leman Excused: Sharp Kelly changed from Nay to Yea. The roll of the House was taken with the following result: HOUSE State Medical Board Confirm - Livsey YEAS: 30 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Sanders, Therriault, Williams Nays: Cowdery, Dyson, Hodgins, James, Kohring, Martin, Ogan, Ryan, Vezey Absent: Barnes Kott changed from "Nay" to "Yea". TOTALS: YEAS: 45 NAYS: 13 EXCUSED: 1 ABSENT: 1 and so, Constance E. Livsey was confirmed. Senator Taylor moved and asked unanimous consent that the Governors appointments to the following boards and commissions be confirmed: 1998-05-12 Senate Journal Page 4132 Occupational Safety and Health Review Board Dennis Davidson - Anchorage Appointed: 08/12/97 Expires: 08/01/01 Carla Meek - Juneau Appointed: 07/16/97 Expires: 08/01/00 Alaska Oil and Gas Conservation Commission Camille Oechsli - Anchorage Appointed: 08/28/97 Expires: 12/31/02 Personnel Board Charlie Parr - Fairbanks Appointed: 09/02/97 Expires: 03/20/02 Board of Pharmacy Paul Joseph Gionet, R.Ph. - Anchorage Appointed: 04/01/93 Reappointed: 11/26/97 Expires: 04/01/01 Gerry Knasiak - Ketchikan Appointed: 04/16/98 Expires: 04/01/01 Martin Krull, R.Ph. - Anchorage Appointed: 01/21/98 Expires: 04/01/01 State Physical Therapy and Occupational Therapy Board Sundi M. Hondl, L.P.T. - Wasilla Appointed: 01/21/98 Expires: 09/01/01 Ann P. Mattson - Juneau Appointed: 01/20/94 Reappointed: 01/21/98 Expires: 01/01/02 Professional Teaching Practices Commission Georgia S. Cast - Bethel Appointed: 10/31/97 Expires: 07/01/00 Patricia E. Chitty - Nikolaevsk Appointed: 10/31/97 Expires: 07/01/00 Linda Connelly - Palmer Appointed: 10/31/97 Expires: 07/01/99 Judith Entwife - Juneau Appointed: 10/31/97 Expires: 07/01/00 1998-05-12 Senate Journal Page 4133 Board of Psychologist and Psychological Associate Examiners Carey S. Edney, Ph.D. - Anchorage Appointed: 10/31/97 Expires: 07/01/01 David J. Sperbeck, Ph.D. - Anchorage Appointed: 08/21/96 Reappointed: 10/31/97 Expires: 07/01/01 Objections were heard to the appointments of Camille Oechsli and Charlie Parr. Senator Taylor moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the appointments to the above boards with the exception of Camille Oechsli and Charlie Parr be confirmed. Without objection, it was so ordered. Senator Taylor moved that Camille Oechsli be confirmed to the Alaska Oil and Gas Conservation Commission. The question being: Shall Camille Oechsli be confirmed? The roll of the House was taken with the following result: HOUSE Alaska Oil and Gas Conservation Commission Confirm - Oechsli YEAS: 32 NAYS: 7 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Phillips, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Green, Hudson, Kohring, Martin, Ogan, Porter, Vezey Absent: Dyson 1998-05-12 Senate Journal Page 4134 The roll of the Senate was called with the following result: SENATE Alaska Oil and Gas Conservation Commission Confirm - Camille Oechsli YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Mackie, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken, Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller Excused: Sharp TOTALS: YEAS: 51 NAYS: 7 EXCUSED: 1 ABSENT: 1 and so, Camille Oechsli was confirmed. Senator Taylor moved that Charlie Parr be confirmed to the Personnel Board. The question being: Shall Charlie Parr be confirmed? The roll of the Senate was called with the following result: SENATE Personnel Board Confirm - Charlie Parr YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken, Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller Excused: Sharp 1998-05-12 Senate Journal Page 4135 The roll of the House was taken with the following result: HOUSE Personnel Board Confirm - Parr YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey, Williams Nays: Rokeberg TOTALS: YEAS: 58 NAYS: 1 EXCUSED: 1 and so, Charlie Parr was confirmed. Senator Taylor moved and asked unanimous consent that the Governors appointments to the following boards and commissions be confirmed. Representative Kemplen moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Representative Kemplen was required to vote. Alaska Public Offices Commission (APOC) Kathleen Harrington - Anchorage Appointed: 08/12/97 Expires: 02/01/00 Mark C. Rowland - Anchorage Appointed: 04/16/98 Expires: 02/01/03 Philip R. Volland, Esq. - Anchorage Appointed: 06/23/97 Expires: 02/01/02 Board of Certified Real Estate Appraisers Judy Kemplen - Anchorage Appointed: 01/21/98 Expires: 06/30/01 1998-05-12 Senate Journal Page 4136 Real Estate Commission Audrey J. Foldoe - Fairbanks Appointed: 10/05/93 Reappointed: 01/21/98 Expires: 01/31/01 Board of Veterinary Examiners Deanna J. Thornell, D.V.M. - Fairbanks Appointed: 01/31/94 Reappointed: 01/21/98 Expires: 01/31/02 Violent Crimes Compensation Board Carol L. Alley, M.D. - Ketchikan Appointed: 12/01/95 Reappointed: 01/21/98 Expires: 12/15/00 Alaska Workers' Compensation Board John A. Abshire - Anchorage Appointed: 07/23/97 Expires: 07/01/00 Valerie K. Baffone - Anchorage Appointed: 11/08/96 Reappointed: 07/01/97 Expires: 07/01/00 Shawn Pierre - Chugiak Appointed: 11/08/96 Reappointed: 07/01/97 Expires: 07/01/00 Florence S. Rooney - Anchorage Appointed: 07/01/93 Reappointed: 10/31/97 Expires: 07/01/99 Marc D. Stemp - Bethel Appointed: 03/20/98 Expires 07/01/00 James G. Williams - Douglas Appointed: 07/05/95 Reappointed: 07/01/97 Expires: 07/01/00 Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Miller adjourned the Joint Session at 3:18 p.m. 1998-05-12 Senate Journal Page 4137 After Recess In the Senate The Senate reconvened at 5:10 p.m. Standing Committee Reports Continued HB 73 The Rules Committee considered HOUSE BILL NO. 73 An Act extending the termination dates of the salmon marketing programs of the Alaska Seafood Marketing Institute and the salmon marketing assessment; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Taylor, Leman. The bill is on todays calendar. HJR 68 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 68 am Relating to continued operation of the McKinley Park airstrip for general aviation and access to Denali National Park and Preserve. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Taylor, Leman. The resolution is on todays calendar. Special Committee Reports HB 325 Report from the Conference Committee recommending CONFERENCE CS FOR HOUSE BILL NO. 325 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 (page 4043) was before the Senate. Senator Taylor moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 325. 1998-05-12 Senate Journal Page 4138 HB 325 The question being: Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 325 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? The roll was taken with the following result: CCS FOR HB 325 Shall the Senate adopt the Conference Committee Report? YEAS: 13 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Green, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Ward, Wilken Nays: Adams, Duncan, Ellis, Halford, Hoffman, Lincoln Absent: Torgerson and so, the report was adopted. Senator Taylor moved the effective date clause. Senator Pearce called the Senate. The call was satisfied. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CCS FOR HB 325 Effective Date Clause YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, the effective date clause was adopted. 1998-05-12 Senate Journal Page 4139 HB 325 Senator Taylor moved the Constitutional Budget Reserve Fund portions of the bill. The question being: Shall the Constitutional Budget Reserve Fund portions of the bill be adopted? The roll was taken with the following result: CCS FOR HB 325 Constitutional Budget Reserve Fund YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Halford, Hoffman, Lincoln and so, the Constitutional Budget Reserve Fund portions of the bill failed. The Secretary was requested to notify the House. HB 326 Report from the Conference Committee recommending CONFERENCE CS FOR HOUSE BILL NO. 326 An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date (page 4044) was before the Senate. Senator Taylor moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 326. The question being: Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 326 An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date? The roll was taken with the following result: 1998-05-12 Senate Journal Page 4140 HB 326 CCS FOR HB 326 Shall the Senate adopt the Conference Committee Report? Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, the report was adopted. 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. SB 153 The following report was received and distributed at 10:30 p.m., May 11, 1998. May 11, 1998 Mr. President: Madam Speaker: The Conference Committee considered SENATE BILL NO. 153 An Act relating to issuance of special license plates to commemorate the arts and HOUSE CS FOR SENATE BILL NO. 153(FIN) am H An Act relating to issuance of special license plates and recommends CONFERENCE CS FOR SENATE BILL NO. 153 An Act relating to issuance of special license plates. be adopted. Signing the report: Senator Kelly, Chair, Senators Donley, Ellis, Representative Green, Chair, Representatives Rokeberg, Croft. 1998-05-12 Senate Journal Page 4141 SB 153 Previous Senate fiscal note applies to the Conference Committee Substitute. Senator Taylor moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 153. The question being: Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 153 An Act relating to issuance of special license plates The roll was taken with the following result: CCS FOR SB 153 Shall the Senate adopt the Conference Committee Report? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, the report was adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for engrossment and enrollment. Consideration of the Calendar Second Reading of House Bills HB 73 HOUSE BILL NO. 73 An Act extending the termination dates of the salmon marketing programs of the Alaska Seafood Marketing Institute and the salmon marketing assessment; and providing for an effective date was read the second time. 1998-05-12 Senate Journal Page 4142 HB 73 Senator Halford, Chair, moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 4111. Senator Mackie objected. Senator Pearce called the Senate. The call was satisfied. The question being: Shall the Resources Senate Committee Substitute be adopted? The roll was taken with the following result: HB 73 Second Reading Adopt Resources Senate Committee Substitute? YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, Green, Halford, Hoffman, Leman, Lincoln, Miller, Phillips, Torgerson, Ward Nays: Adams, Donley, Duncan, Kelly, Mackie, Parnell, Pearce, Sharp, Taylor, Wilken and so, the Resources Senate Committee Substitute was not adopted. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 73 be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 73 was read the third time. Senator Leman moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Leman was required to vote. The question being: Shall HOUSE BILL NO. 73 An Act extending the termination dates of the salmon marketing programs of the Alaska Seafood Marketing Institute and the salmon marketing assessment; and providing for an effective date pass the Senate? The roll was taken with the following result: 1998-05-12 Senate Journal Page 4143 HB 73 HB 73 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Halford and so, HOUSE BILL NO. 73 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. Reconsideration of House Bills HB 383 CS FOR HOUSE BILL NO. 383(JUD) which had been held on reconsideration (page 4056) was before the Senate. The question to be reconsidered: Shall CS FOR HOUSE BILL NO. 383(JUD) An Act relating to expected deaths that occur at home pass the Senate? The roll was taken with the following result: CSHB 383(JUD) Third Reading - On Reconsideration YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken 1998-05-12 Senate Journal Page 4144 HB 383 and so, CS FOR HOUSE BILL NO. 383(JUD) passed the Senate on reconsideration, was signed by the President and Secretary and returned to the House. Second Reading of House Resolutions HJR 68 HOUSE JOINT RESOLUTION NO. 68 am Relating to continued operation of the McKinley Park airstrip for general aviation and access to Denali National Park and Preserve, 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. Without objection, it was so ordered. HOUSE JOINT RESOLUTION NO. 68 am was read the third time. The question being: Shall HOUSE JOINT RESOLUTION NO. 68 am Relating to continued operation of the McKinley Park airstrip for general aviation and access to Denali National Park and Preserve, pass the Senate? The roll was taken with the following result: HJR 68 am Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, HOUSE JOINT RESOLUTION NO. 68 am passed the Senate, was signed by the President and Secretary and returned to the House. 1998-05-12 Senate Journal Page 4145 Citations Honoring - Representative Terry Martin on his Retirement from the Legislature Senator(s) Kelly, Leman, Miller, Wilken, Donley, Phillips, Hoffman, Duncan, Taylor, Lincoln, Sharp, Adams, Mackie, Pearce, Green, Ward, Halford Honoring - Captain Jim and Mary Binkley Senator(s) Wilken, Miller, Sharp, Hoffman, Duncan, Taylor, Kelly, Lincoln, Adams, Leman, Mackie, Pearce, Green, Halford Honoring - Karen Cedzo Senator(s) Wilken, Miller, Sharp, Hoffman, Duncan, Taylor, Kelly, Lincoln, Leman, Mackie, Pearce Honoring - James Suire Senator(s) Donley, Wilken, Hoffman, Duncan, Taylor, Kelly, Lincoln, Sharp, Leman, Mackie, Pearce Honoring - Bob and Henrietta Smay, 50th Wedding Anniversary Representative(s) Green Senator(s) Leman, Wilken, Donley, Phillips, Hoffman, Duncan, Taylor, Kelly, Lincoln, Sharp, Mackie, Pearce, Green Honoring - Principles and Interests Project, the Alaska Humanities Forum Senator(s) Kelly, Wilken, Leman, Mackie, Pearce, Hoffman, Taylor Honoring - Colonel Russell E. Gillaspie Senator(s) Kelly, Wilken, Donley, Hoffman, Duncan, Taylor, Lincoln, Sharp, Leman, Mackie, Pearce, Green Honoring - Maxine Maxx Tobey Senator(s) Leman, Wilken, Donley, Hoffman, Duncan, Taylor, Kelly, Lincoln, Sharp, Mackie, Pearce, Green 1998-05-12 Senate Journal Page 4146 Honoring - Lisa Sternadel Representative(s) Davies Senator(s) Wilken, Hoffman, Duncan, Taylor, Kelly, Lincoln, Sharp, Leman, Mackie Honoring - Marc P. Gaguzis, West Point Graduate Representative(s) Mulder Senator(s) Phillips, Wilken, Donley, Hoffman, Duncan, Taylor, Kelly, Lincoln, Sharp, Leman, Mackie, Pearce, Green, Honoring - Colonel Richard L. Stouder, Garrison Commander Representative(s) Mulder Senator(s) Phillips, Wilken, Donley, Hoffman, Duncan, Taylor, Kelly, Lincoln, Sharp, Leman, Mackie, Pearce, Green Honoring - Roderick Ladd Representative(s) G. Phillips Senator(s) Torgerson, Wilken, Hoffman, Duncan, Taylor, Kelly, Lincoln, Sharp, Leman, Mackie, Pearce, Green In Memoriam - John D. Arnold Representative(s) Vezey Senator(s) Wilken, Sharp, Hoffman, Duncan, Taylor, Kelly, Lincoln, Leman, Mackie, Pearce, Green In Memoriam - Gordon Buness Senator(s) Taylor, Wilken, Hoffman, Duncan, Kelly, Lincoln, Sharp, Leman, Mackie, Pearce, Green In Memoriam - Elaine Gregoire Representative(s) G. Phillips Senator(s) Torgerson, Wilken, Hoffman, Duncan, Taylor, Kelly, Lincoln, Sharp, Leman, Mackie, Pearce, Green Honoring - Senate Sergeant-at-Arms, Senate Assistant Sergeant-at- Arms, Senate Pages Senator(s) Kelly, Miller, Phillips, Wilken, Lincoln, Duncan, Pearce, Donley, Adams, Ellis, Parnell, Green, Leman, Hoffman, Mackie, Taylor 1998-05-12 Senate Journal Page 4147 Honoring - Reverend David Salmon Representative(s) Nicholia Senator(s) Lincoln, Adams, Wilken, Duncan, Pearce, Parnell, Leman, Hoffman, Mackie, Kelly, Taylor Honoring - Michihira Konno, Winner, 1998 North American Sled Dog Race Representative(s) Nicholia Senator(s) Lincoln, Wilken, Duncan, Pearce, Parnell, Green, Leman, Hoffman, Mackie, Kelly, Taylor Honoring - Judy Mowery-Ingle Representative(s) Ivan Senator(s) Hoffman, Wilken, Lincoln, Duncan, Parnell, Green, Leman, Mackie, Kelly, Taylor Honoring - Kathy Kyle Representative(s) Grussendorf Senator(s) Taylor, Wilken, Lincoln, Duncan, Parnell, Green, Leman, Hoffman, Mackie, Kelly Honoring - Barbara Weil, Alaskan Educator Representative(s) Ryan Senator(s) Wilken, Lincoln, Duncan, Pearce, Donley, Parnell, Green, Leman, Hoffman, Mackie, Kelly, Taylor Honoring - Joe and Suzi Williams, Parents of the Year Representative(s) Williams Senator(s) Taylor, Wilken, Lincoln, Duncan, Pearce, Adams, Parnell, Green, Leman, Hoffman, Mackie, Kelly Honoring - Russell C. George Senator(s) Duncan, Wilken, Lincoln, Pearce, Parnell, Green, Leman, Hoffman, Mackie, Kelly, Taylor Representative(s) Elton, Hudson Honoring - Phyllis Schmidt Senator(s) Parnell, Wilken, Lincoln, Duncan, Pearce, Donley, Green, Leman, Hoffman, Mackie, Kelly, Taylor 1998-05-12 Senate Journal Page 4148 Honoring - The Legislative Bill Room Senator(s) Kelly, Phillips, Wilken, Lincoln, Duncan, Pearce, Adams, Ellis, Parnell, Green, Leman, Hoffman, Mackie, Taylor Honoring - Elizabeth Arnold, 1997 Dirksen Award Senator(s) Duncan, Wilken, Lincoln, Pearce, Ellis, Parnell, Hoffman, Mackie, Kelly, Taylor Representative(s) Elton, Hudson Honoring - Kathleen Lynn Wakefield Senator(s) Duncan, Wilken, Lincoln, Pearce, Adams, Parnell, Hoffman, Mackie, Kelly, Taylor Representative(s) Elton, Hudson Honoring - Kristan Tanner Representative(s) Kohring, Ogan, Masek Senator(s) Halford, Green, Phillips, Wilken, Lincoln, Duncan, Pearce, Parnell, Leman, Hoffman, Mackie, Kelly, Taylor In Memoriam - Starosta Gregory Anelon, Sr. Representative(s) Moses Senator(s) Hoffman, Wilken, Lincoln, Duncan, Pearce, Parnell, Green, Leman, Mackie, Kelly, Taylor In Memoriam - Charles H. Strand Representative(s) Brice Senator(s) Wilken, Lincoln, Duncan, Pearce, Parnell, Green, Hoffman, Mackie, Kelly, Taylor In Memoriam - John W. Walters Representative(s) Foster Senator(s) Adams, Wilken, Lincoln, Duncan, Pearce, Parnell, Green, Leman, Hoffman, Mackie, Kelly, Taylor In Memoriam - Paul E. Smith Representative(s) Nicholia Senator(s) Lincoln, Wilken, Duncan, Pearce, Parnell, Hoffman, Mackie, Kelly, Taylor 1998-05-12 Senate Journal Page 4149 In Memoriam - Oswald Herman Kohring Representative(s) Kohring, Ogan, Masek Senator(s) Halford, Green, Phillips, Wilken, Lincoln, Duncan, Pearce, Parnell, Leman, Hoffman, Mackie, Kelly, Taylor In Memoriam - Shelby L. Larsen Representative(s) Kohring, Ogan, Masek Senator(s) Halford, Green, Wilken, Lincoln, Duncan, Pearce, Parnell, Leman, Hoffman, Mackie, Kelly, Taylor In Memoriam - Patrick Joseph Cook Representative(s) Kohring, Ogan, Masek Senator(s) Halford, Green, Wilken, Lincoln, Duncan, Pearce, Parnell, Leman, Hoffman, Mackie, Kelly, Taylor In Memoriam - Kevin Burns Representative(s) Kohring, Ogan, Masek Senator(s) Halford, Green, Wilken, Lincoln, Duncan, Pearce, Parnell, Leman, Hoffman, Mackie, 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 Senate return to Messages from the House. Without objection, the Senate returned to: Messages from the House SB 354 Message dated May 12 was read, stating the House passed SENATE BILL NO. 354 with the following amendment: Page 9, line 27, following A Insert dissenting 1998-05-12 Senate Journal Page 4150 SB 354 Page 9, line 29, following power: Insertif the dissenting trustee joins because of a requirement for unanimous trustee consent to the exercise of the power Page 9, line 29 through page 10, line 2: Delete A dissenting trustee is not liable to the beneficiaries or to others for the consequences of an act in which the dissenting trustee joins at the direction of the majority trustees if the dissenting trustee expresses the dissenting trustee's dissent in writing to a co-trustee at or before the time of joinder. InsertThe dissenting trustees dissent must be presented in writing to a co-trustee and a legally competent beneficiary or, if the beneficiary is a minor or an incompetent person, the representative of the beneficiary. Page 10, line 5, following exercise: Delete the Insert that Page 12, lines 12-16: Delete all material Page 13, line 24, following withdrawal. InsertNothing in this section is intended to authorize the mingling of trust funds. Page 15, line 5, following contract: Deleteconstitutes prima facie evidence of an intent to exclude the trustee from personal liability, and the addition of the words "and not individually" following the word "trusts" or the words "as trustee" after the signature of a trustee to a contract constitutes irrebuttable evidence of an intent to exclude the trustee from personal liability, and 1998-05-12 Senate Journal Page 4151 SB 354 Insertcreates a presumption, which may only be rebutted by clear and convincing evidence otherwise, of an intent to exclude the trustee from personal liability, and, unless the presumption is rebutted, Page 15, lines 16-24: Delete all material. Insertthe trustee of an officer or employee of the trustee was not guilty of personal fault in incurring the liability. (b) If a trustee has incurred personal liability for a tort committed in the administration of the trust and that tort increases the value of the trust property, the trustee is entitled to exoneration or reimbursement to the extent of the increase in value as a result of the tort even though the trustee would not otherwise be entitled to exoneration or reimbursement. Page 16, lines 1-2: Delete all material. Page 16, lines 3-4: Delete(2) although the tort was not a common incident under (1) of this subsection, Insert (1) Renumber the following paragraph accordingly. Page 16, line 7: Delete or (2) Page 16, line 9: Delete or (2) Page 16, line 11: Delete 3" Insert 2" 1998-05-12 Senate Journal Page 4152 SB 354 and so, SENATE BILL NO. 354 am H An Act relating to wills, intestacy, nonprobate transfers, and trusts; and amending Rule 24, Alaska Rules of Civil Procedure 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? The roll was taken with the following result: SB 354 am H Shall the Senate concur in the House Amendment to SB 354? Court Rule YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, the Senate concurred in the House amendment, thus adopting SENATE BILL NO. 354 am H An Act relating to wills, intestacy, nonprobate transfers, and trusts; and amending Rule 24, Alaska Rules of Civil Procedure. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Reconsideration of House Bills HB 367 Senator Leman requested that the reconsideration on SENATE CS FOR HOUSE BILL NO. 367(FIN) be taken up. The bill was before the Senate on reconsideration. 1998-05-12 Senate Journal Page 4153 HB 367 The question to be reconsidered: Shall SENATE CS FOR HOUSE BILL NO. 367(FIN) An Act relating to part-time public school students; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS HB 367(FIN) Third Reading - On Reconsideration Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Ellis and so, SENATE CS FOR HOUSE BILL NO. 367(FIN) passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 386 Senator Pearce requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 386(FIN) am S be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 386(FIN) am S An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; and providing for an effective date pass the Senate? The roll was taken with the following result: 1998-05-12 Senate Journal Page 4154 HB 386 SCS CSHB 386(FIN) am S Third Reading - On Reconsideration Effective Dates YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 386(FIN) am S passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 144 Senator Pearce requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 144(RLS) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 144(RLS) An Act relating to the authority of the Department of Environmental Conservation to charge fees; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 144(RLS) Third Reading - On Reconsideration Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Ellis 1998-05-12 Senate Journal Page 4155 HB 144 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 144(RLS) passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. HB 230 Senator Mackie requested that the reconsideration on CS FOR HOUSE BILL NO. 230(FIN) An Act amending the definition of small community for purposes of housing programs involving the Alaska Housing Finance Corporation be taken up. Senator Halford objected. Senator Mackie moved and asked unanimous consent that he be allowed to withdraw his request. Without objection, it was so ordered. HB 393 Senator Pearce requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 393(FIN) An Act relating to contracts with the state establishing payments in lieu of other taxes by a qualified sponsor or qualified sponsor group for projects to develop stranded gas resources in the state; providing for the inclusion in the contracts of terms making certain adjustments regarding royalty value and the timing and notice of the states right to take royalty in kind or in value from projects to develop stranded gas resources in the state; relating to the effect of the contracts on municipal taxation; and providing for an effective date be taken up. The bill was before the Senate on reconsideration. Senator Pearce called the Senate. Senator Pearce lifted the call. Senator Kelly offered the following Letter of Intent: Letter of Intent for SENATE CS FOR CS FOR HOUSE BILL NO. 393(FIN) It is the intent of the Senate that Alaska continue to work on any method of commercializing its stranded gas resources to maximize the value of these resources for the benefit of the people of the state. 1998-05-12 Senate Journal Page 4156 HB 393 While the state has studied gas development by means of a liquefied natural gas (LNG) project, no such state study has been performed on a gas-to-liquids conversion (GTL) project. For this reason, it would be premature for this legislation to apply to GTL. If, after an economic analysis, GTL is shown to be a viable option for gas commercialization, the Senate should consider amending the Stranded Gas Development Act (HB 393) to allow applications for an appropriate fiscal regime for such a project. Senator Kelly moved and asked unanimous consent for the adoption of the Letter of Intent. Without objection, the Senate Letter of Intent was adopted. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 393(FIN) An Act relating to contracts with the state establishing payments in lieu of other taxes by a qualified sponsor or qualified sponsor group for projects to develop stranded gas resources in the state; providing for the inclusion in the contracts of terms making certain adjustments regarding royalty value and the timing and notice of the states right to take royalty in kind or in value from projects to develop stranded gas resources in the state; relating to the effect of the contracts on municipal taxation; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 393(FIN) Third Reading - On Reconsideration Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 393(FIN) passed the Senate on reconsideration with a Senate Letter of Intent. 1998-05-12 Senate Journal Page 4157 HB 393 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. 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 SJR 42 Message dated May 12 was read, stating the House passed and returned for consideration CS FOR SENATE JOINT RESOLUTION NO. 42(FIN) with the following amendment: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 42(RLS) Proposing an amendment to the Constitution of the State of Alaska relating to marriage. Senator Taylor moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: HCS CSSJR 42(RLS) Shall the Senate concur in the House Amendment to CSSJR 42(FIN)? YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Mackie and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 42(RLS) Proposing an amendment to the Constitution of the State of Alaska relating to marriage. 1998-05-12 Senate Journal Page 4158 SJR 42 The Secretary was requested to notify the House. The resolution was referred to the Secretary for enrollment. Reconsideration of House Bills HB 399 Senator Taylor requested that the reconsideration on SENATE CS FOR HOUSE BILL NO. 399(RLS) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR HOUSE BILL NO. 399(RLS) An Act relating to an optional exemption from, and deferral of payment of, municipal taxes on deteriorated property, and defining deteriorated property for purposes of the exemption or deferral; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS HB 399(RLS) Third Reading - On Reconsideration Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, SENATE CS FOR HOUSE BILL NO. 399(RLS) passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. 1998-05-12 Senate Journal Page 4159 HB 344 Senator Duncan requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 344(FIN) An Act relating to paternity establishment and to support orders; relating to the crime of criminal nonsupport; relating to divorces, dissolutions, and actions to declare a marriage void; and providing for an effective date be taken up. The bill was before the Senate on reconsideration. Recess Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 6:48 p.m. After Recess The Senate reconvened at 9:04 p.m. Senator Duncan called the Senate. Senator Duncan lifted the call. HB 344 Senator Halford moved and asked unanimous consent that the Senate return to second reading for the purpose of rescinding its previous action in failing Amendment No. 2. Without objection, the bill was returned to second reading. Senator Halford moved that the Senate rescind its previous action in failing Amendment No. 2. Without objection, the Senate rescinded its previous action. Senator Halford moved and asked unanimous consent for the adoption of Amendment No. 2 (page 4090). Without objection, Amendment No. 2 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 344(FIN) am S was automatically in third reading. Senator Duncan called the Senate. The call was satisfied. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 344(FIN) am S An Act relating to paternity establishment and to support orders; relating to the crime of criminal nonsupport; relating to divorces, dissolutions, and actions to declare a marriage void; and providing for an effective date pass the Senate? The roll was taken with the following result: 1998-05-12 Senate Journal Page 4160 HB 344 SCS CSHB 344(FIN) am S Third Reading - On Reconsideration Effective Dates YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Halford, Phillips and so, SENATE CS FOR CS FOR HOUSE BILL NO. 344(FIN) am S passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 361 Senator Taylor requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 361(TRA) An Act relating to private maintenance of state highways be taken up. Senator Taylor moved and asked unanimous consent that he be allowed to withdraw his request. Without objection, it was so ordered. Reconsideration of Senate Resolutions SCR 31 Senator Taylor requested that the reconsideration on SENATE CONCURRENT RESOLUTION NO. 31 be taken up. The resolution was before the Senate on reconsideration. 1998-05-12 Senate Journal Page 4161 SCR 31 The question to be reconsidered: Shall SENATE CONCURRENT RESOLUTION NO. 31 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 459, relating to the medical assistance program, pass the Senate? The roll was taken with the following result: SCR 31 Final Passage - On Reconsideration YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, SENATE CONCURRENT RESOLUTION NO. 31 passed the Senate on reconsideration and was referred to the Secretary for engrossment. Reconsideration of House Bills HB 459 Senator Taylor requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 459(RLS) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 459(RLS) An Act establishing new eligibility for medical assistance for certain disabled persons and giving their eligibility for services the highest priority among optional services and groups under the medical assistance program; amending the definition of personal care services in a recipients home as used in the medical assistance program; moving midwife services from being the first to being the seventh service eliminated under the medical assistance program when there is insufficient funding; adjusting the priority of optional services and optional eligible groups under the 1998-05-12 Senate Journal Page 4162 HB 459 medical assistance program in order to reflect the new priorities given to the newly-eligible disabled persons and to midwife services but without otherwise changing the relative order of the other optional services and optional groups; relating to catastrophic illness assistance; establishing a medical assistance program for chronic and acute medical conditions; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 459(RLS) Third Reading - On Reconsideration Effective Dates YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 459(RLS) 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. HB 373 Senator Taylor requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 373(TRA) be taken up. The bill was before the Senate on reconsideration. Senator Leman moved and asked unanimous consent that he be shown as a cross sponsor on the bill. Without objection, it was so ordered. 1998-05-12 Senate Journal Page 4163 HB 373 The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 373(TRA) An Act making changes to the Forest Resources and Practices Act; classifying anadromous streams and tributaries; relating to the designation of riparian areas; establishing buffers and slope stability standards on certain streams; and requiring retention of low value timber along certain water bodies where prudent pass the Senate? The roll was taken with the following result: SCS CSHB 373(TRA) Third Reading - On Reconsideration YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Sharp and so, SENATE CS FOR CS FOR HOUSE BILL NO. 373(TRA) passed the Senate on reconsideration. HB 361 Senator Taylor requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 361(TRA) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 361(TRA) An Act relating to private maintenance of state highways pass the Senate? The roll was taken with the following result: 1998-05-12 Senate Journal Page 4164 HB 361 SCS CSHB 361(TRA) Third Reading - On Reconsideration YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Ellis and so, SENATE CS FOR CS FOR HOUSE BILL NO. 361(TRA) passed the Senate on reconsideration. HB 490 Senator Kelly requested that the reconsideration on CS FOR HOUSE BILL NO. 490(RLS) am An Act relating to insurance premium taxes and to insurance taxes, licenses, or fees imposed on certain health care insurance; and providing for an effective date be taken up. The bill was before the Senate on reconsideration. Senator Kelly offered the following Letter of Intent: Letter of Intent for CS FOR HOUSE BILL NO. 490(RLS) am The Alaska State Legislature acknowledges receipt of a letter from Blue Cross/Blue Shield, dated May 7, 1998, to Speaker Gail Phillips, regarding House Bill 490, Relating to insurance premium taxes, stating: You have our commitment that as we renew our Alaska contracts, this tax reduction will be passed along in the future rate calculations to the benefit of our members. Senator Kelly moved and asked unanimous consent for the adoption of the Letter of Intent. Without objection, the Senate Letter of Intent was adopted. 1998-05-12 Senate Journal Page 4165 HB 490 The question to be reconsidered: Shall CS FOR HOUSE BILL NO. 490(RLS) am An Act relating to insurance premium taxes and to insurance taxes, licenses, or fees imposed on certain health care insurance; and providing for an effective date pass the Senate? The roll was taken with the following result: CSHB 490(RLS) am Third Reading - On Reconsideration Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, CS FOR HOUSE BILL NO. 490(RLS) am passed the Senate on reconsideration with a Senate Letter of Intent. 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 324 Senator Parnell requested that the reconsideration on CS FOR HOUSE BILL NO. 324(L&C) am be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR HOUSE BILL NO. 324(L&C) am An Act relating to deferral of certain municipal assessment payments pass the Senate? The roll was taken with the following result: 1998-05-12 Senate Journal Page 4166 HB 324 CSHB 324(L&C) am Third Reading - On Reconsideration YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Phillips and so, CS FOR HOUSE BILL NO. 324(L&C) am passed the Senate on reconsideration, was signed by the President and Secretary and returned to the House. Recess Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 9:28 p.m. After Recess The Senate reconvened at 10:18 p.m. The Senate returned to: Messages from the House SB 105 Message dated May 12 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 105(FIN) am An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for state office; relating to the conduct and regulation of lobbyists with respect to public officials; relating to the filing of disclosures by certain state employees and officials; making a conforming amendment to the definition of public official for employment security statutes; and providing for an effective date with the following amendments: 1998-05-12 Senate Journal Page 4167 SB 105 HOUSE CS FOR CS FOR SENATE BILL NO. 105(FIN) am H An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for state or municipal office; relating to the conduct and regulation of lobbyists with respect to public officials; relating to the filing of disclosures by certain state employees and officials; making a conforming amendment to the definition of public official for employment security statutes; and providing for an effective date. (technical title change) Senator Taylor moved that the Senate concur in the House amendments. Senator Duncan called the Senate. The call was satisfied. The question being: Shall the Senate concur in the House amendments? The roll was taken with the following result: HCS CSSB 105(FIN) am H Shall the Senate concur in the House amendments to CSSB 105(FIN) am? Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Phillips changed from "Nay" to "Yea". and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 105(FIN) am H An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for state or municipal office; relating to the conduct and regulation of lobbyists with respect to public officials; relating to the filing of disclosures by 1998-05-12 Senate Journal Page 4168 SB 105 certain state employees and officials; making a conforming amendment to the definition of public official for employment security statutes; 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 11 Message dated May 12 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 11(FIN)(title am) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 11(FIN) An Act establishing a reimbursement program for municipal bonds, notes, or other indebtedness incurred for school construction; relating to administrative costs of reimbursing municipal school construction debt; relating to municipal school construction project eligibility requirements for receiving state reimbursement; and providing for an effective date. Senator Taylor moved that the Senate concur in the House amendment. Senators Donley, Wilken, Taylor, Kelly, Ellis, Sharp, Pearce, Duncan moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: 1998-05-12 Senate Journal Page 4169 SB 11 HCS CSSB 11(FIN) Shall the Senate concur in the House amendment to CSSB 11(FIN)(title am)? Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Hoffman, Lincoln and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 11(FIN) An Act establishing a reimbursement program for municipal bonds, notes, or other indebtedness incurred for school construction; relating to administrative costs of reimbursing municipal school construction debt; relating to municipal school construction project eligibility requirements for receiving state reimbursement; and providing for an effective date. 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 360 Message dated May 12 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 360(FIN) am with the following amendments: 1998-05-12 Senate Journal Page 4170 SB 360 HOUSE CS FOR CS FOR SENATE BILL NO. 360(FIN) am H An Act authorizing the issuance of bonds by the Alaska Housing Finance Corporation for certain capital projects; relating to those bonds and to the appropriation of revenue of the Alaska Housing Finance Corporation; 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 are attached. Senator Taylor moved that the Senate concur in the House amendments. The question being: Shall the Senate concur in the House amendments? The roll was taken with the following result: HCS CSSB 360(FIN) am H Shall the Senate concur in the House amendments to CSSB 360(FIN) am? Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Lincoln, Mackie, Miller, Parnell, Pearce, Sharp, Taylor, Torgerson, Wilken Nays: Halford, Leman, Phillips, Ward and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 360(FIN) am H An Act authorizing the issuance of bonds by the Alaska Housing Finance Corporation for certain capital projects; relating to those bonds and to the appropriation of revenue of the Alaska Housing Finance Corporation; 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. 1998-05-12 Senate Journal Page 4171 SB 360 The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 313 Message dated May 12 was read, stating the House passed and returned for consideration SENATE BILL NO. 313 with the following amendment: HOUSE CS FOR SENATE BILL NO. 313(FIN) An Act relating to sponsor certification of initiative petitions; relating to sponsor identification during petition circulation; relating to the voidability of an initiated law; placing limitations on the compensation that may be paid to sponsors of initiative petitions; prohibiting payments to persons who sign or refrain from signing initiative petitions; and repealing procedures for filing a supplementary initiative petition. Senator Taylor moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: HCSSB 313(FIN) Shall the Senate concur in the House amendment to CSSB 313(FIN)? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken 1998-05-12 Senate Journal Page 4172 SB 313 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE BILL NO. 313(FIN) An Act relating to sponsor certification of initiative petitions; relating to sponsor identification during petition circulation; relating to the voidability of an initiated law; placing limitations on the compensation that may be paid to sponsors of initiative petitions; prohibiting payments to persons who sign or refrain from signing initiative petitions; and repealing procedures for filing a supplementary initiative petition. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 281 Message dated May 12 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 281(RES) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 281(CRA) An Act relating to general grant land entitlements for the City and Borough of Yakutat; 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? The roll was taken with the following result: HCS CSSB 281(CRA) Shall the Senate concur in the House amendment to CSSB 281(RES)? Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Mackie, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Wilken Nays: Halford, Leman, Lincoln, Pearce, Ward 1998-05-12 Senate Journal Page 4173 SB 281 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 281(CRA) An Act relating to general grant land entitlements for the City and Borough of Yakutat; 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. Recess Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 10:49 p.m. After Recess The Senate reconvened at 11:44 p.m. SB 36 Message dated May 12 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 36(FIN) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 36(FIN) An Act relating to public schools; relating to the definition of a school district, to the transportation of students, to employment of chief school administrators, to school district layoff plans, to the special education service agency, and to the child care grant program; and providing for an effective date. 1998-05-12 Senate Journal Page 4174 SB 36 and a House Letter of Intent (House Journal page 3927). Senator Taylor moved and asked unanimous consent that the Senate adopt the House Letter of Intent. Senator Duncan objected. Senator Duncan called the Senate. The call was satisfied. Senator Duncan withdrew his objection. There being no further objections, the Legislative Letter of Intent was adopted. Senator Taylor moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment? The roll was called with the following result: HCS CSSB 36(FIN) Shall the Senate concur in the House amendment to CSSB 36(FIN) am? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Kelly, Leman, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Wilken, Miller Nays: Adams, Duncan, Ellis, Green, Halford, Hoffman, Lincoln, Mackie, Ward and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 36(FIN) An Act relating to public schools; relating to the definition of a school district, to the transportation of students, to employment of chief school administrators, to school district layoff plans, to the special education service agency, and to the child care grant program; and providing for an effective date. Senator Taylor moved the effective date clause. 1998-05-12 Senate Journal Page 4175 SB 36 The question being: Shall the effective date clause be adopted? The roll was called with the following result: HCS CSSB 36(FIN) Effective Date Clause YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Green, Halford, Kelly, Leman, Mackie, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Miller Nays: Adams, Hoffman, Lincoln Adams changed from "Yea" to "Nay". 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. SB 231 Message dated May 12 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 231(FIN) am(brf sup maj fld) An Act making and amending capital, supplemental, and other appropriations; making appropriations to capitalize funds; and providing for an effective date with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) am H An Act making and amending capital, supplemental, and other appropriations; making appropriations 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. (technical title change) and a House Letter of Intent (House Journal page 3797). 1998-05-12 Senate Journal Page 4176 SB 231 Under Rule 43(b) of the Uniform Rules engrossment of the above bill has been waived and the certified amendments are attached. Senator Taylor moved that the Senate concur in the House amendments. The question being: Shall the Senate concur in the House amendments? The roll was taken with the following result: HCS CSSB 231(FIN) am H Shall the Senate concur in the House amendments to CSSB 231(FIN) am(brf sup maj fld)? Effective Date YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Mackie, Miller, Parnell, Pearce, Sharp, Torgerson, Wilken Nays: Halford, Leman, Lincoln, Phillips, Taylor, Ward and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) am H. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Taylor moved the Constitutional Budget Reserve Fund portion of the bill, Section 42. The question being: Shall the Constitutional Budget Reserve Fund, Section 42 be adopted? The roll was taken with the following result: 1998-05-12 Senate Journal Page 4177 SB 231 HCS CSSB 231(FIN) am H Constitutional Budget Reserve Fund Section 42 YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Wilken Nays: Adams, Duncan, Ellis, Halford, Hoffman, Lincoln, Ward and so, the Constitutional Budget Reserve Fund portion of the bill, Section 42 failed. Senator Taylor moved the Constitutional Budget Reserve Fund portion of the bill, Section 43. The question being: Shall the Constitutional Budget Reserve Fund, Section 43 be adopted? The roll was taken with the following result: HCS CSSB 231(FIN) am H Constitutional Budget Reserve Fund Section 43 YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Wilken Nays: Adams, Duncan, Ellis, Halford, Hoffman, Lincoln, Ward and so, the Constitutional Budget Reserve Fund portion of the bill, Section 43 failed. Senator Mackie moved and asked unanimous consent that the Senate rescind its previous action in failing to adopt the Constitutional Budget Reserve Fund portion of the bill, Section 43. Without objection, it was so ordered. 1998-05-12 Senate Journal Page 4178 SB 231 Senator Mackie moved the Constitutional Budget Reserve Fund portion of the bill, Section 43. The question being: Shall the Constitutional Budget Reserve Fund, Section 43 be adopted? The roll was called with the following result: HCS CSSB 231(FIN) am H Constitutional Budget Reserve Fund Section 43 YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Miller Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Halford changed from "Nay" to "Yea". and so, the Constitutional Budget Reserve Fund portion of the bill, Section 43 was adopted. Senator Mackie moved and asked unanimous consent that the Senate rescind its previous action in failing to adopt the Constitutional Budget Reserve Fund portion of the bill, Section 42. Objections were heard. The question being: Shall the Senate rescind its previous action? The roll was called with the following result: HCS CSSB 231(FIN) am H Constitutional Budget Reserve Fund Rescind Previous Action in failing to adopt Section 42? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Kelly, Mackie, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Wilken, Miller Nays: Adams, Duncan, Ellis, Halford, Hoffman, Leman, Lincoln, Ward 1998-05-12 Senate Journal Page 4179 SB 231 and so, the Senate did not rescind its previous action. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) am H(brf sup maj pfld S) An Act making and amending capital, supplemental, and other appropriations; making appropriations 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 was referred to the Secretary for enrollment. SB 17 Message dated May 12 was read, stating the House passed SENATE BILL NO. 17 with the following amendment: New Amendment No. 1 Page 2, line 13: Delete could Insert is substantially likely to Amendment No. 3 Page 1, line 10, following semen,: Insert ovum, New Amendment No. 6 Page 1, line 13, following (3): Insert except for recognized needle exchange programs, Amendment No. 12 Page 1, line 14, following paraphernalia Insert in a manner that is substantially likely to result in the transmission of HIV Amendment No. 14 Page 1, lines 13 - 14: Delete to another person 1998-05-12 Senate Journal Page 4180 SB 17 Page 1, line 14, following paraphernalia: Insert unless the transfer is for the purpose of disposing of the paraphernalia properly under state or federal law and so, SENATE BILL NO. 17 am H An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV) 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? The roll was taken with the following result: SB 17 am H Shall the Senate concur in the House amendment to SB 17? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, the Senate concurred in the House amendment, thus adopting SENATE BILL NO. 17 am H An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV). The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Unfinished Business HB 230 The reconsideration on CS FOR HOUSE BILL NO. 230(FIN) An Act amending the definition of small community for purposes of housing programs involving the Alaska Housing Finance Corporation was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. 1998-05-12 Senate Journal Page 4181 HB 242 The reconsideration on HOUSE BILL NO. 242 An Act relating to unpaid, underpaid, and overpaid royalty and net profit share payments due on leases of state land and to the collection and payment of interest on those payments was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 252 The reconsideration on CS FOR HOUSE BILL NO. 252(FIN) An Act relating to criminal records; relating to notice about and registration of sex offenders and child kidnappers; and amending Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure; and providing for an effective date was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 272 The reconsideration on CS FOR HOUSE BILL NO. 272(FIN) An Act relating to allowing the commissioner of corrections to allow a prisoner to serve a term of imprisonment or period of temporary commitment by electronic monitoring; and relating to the crime of escape was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 315 The reconsideration on CS FOR HOUSE BILL NO. 315(FIN) An Act relating to operating appropriations for facility operations, maintenance and repair, and renewal and replacement for components of public buildings and facilities; and providing for an effective date was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 369 The reconsideration on CS FOR HOUSE BILL NO. 369(FIN) am An Act relating to Medicaid coverage for certain eligible children and pregnant women; relating to primary care case management and managed care services as optional services under the Medicaid program; relating to premiums and cost- sharing contributions under the Medicaid program; and providing for an effective date was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. 1998-05-12 Senate Journal Page 4182 HB 405 The reconsideration on CS FOR HOUSE BILL NO. 405(FIN) An Act relating to failing to stop a vehicle when directed to do so by a peace officer was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 474 The reconsideration on CS FOR HOUSE BILL NO. 474(RLS) An Act relating to the Alaska Police Standards Council and to municipal correctional officers was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 482 The reconsideration on CS FOR HOUSE BILL NO. 482(TRA) am An Act relating to registration of vehicles owned by disabled persons or persons who are 65 years of age or older; and providing for an effective date was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 488 The reconsideration on HOUSE BILL NO. 488 am An Act relating to the Alaska Royalty Oil and Gas Development Advisory Board was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HCR 35 The reconsideration on CS FOR HOUSE CONCURRENT RESOLUTION NO. 35(STA) Establishing a Joint Task Force on the Census and Redistricting, was not taken up this legislative day and the resolution was signed by the President and Secretary and returned to the House. HJR 59 The reconsideration on HOUSE JOINT RESOLUTION NO. 59 Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States, was not taken up this legislative day and the resolution was signed by the President and Secretary and returned to the House. 1998-05-12 Senate Journal Page 4183 HJR 63 The reconsideration on HOUSE JOINT RESOLUTION NO. 63 Relating to support for Mitchell Field Adak airport, was not taken up this legislative day and the resolution was signed by the President and Secretary and returned to the House. HJR 67 The reconsideration on HOUSE JOINT RESOLUTION NO. 67 Relating to renewal of the bilateral aviation agreement concerning the mandatory Anchorage stopover for Russian carriers on transpacific routes between the Russian Far East and the United States, was not taken up this legislative day and the resolution was signed by the President and Secretary and returned to the House. Engrossment SCR 31 SENATE CONCURRENT RESOLUTION NO. 31 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 459, relating to the medical assistance program, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 344 SENATE CS FOR CS FOR HOUSE BILL NO. 344(FIN) am S An Act relating to paternity establishment and to support orders; relating to the crime of criminal nonsupport; relating to divorces, dissolutions, and actions to declare a marriage void; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 367 SENATE CS FOR HOUSE BILL NO. 367(FIN) An Act relating to part-time public school students; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. 1998-05-12 Senate Journal Page 4184 HB 386 SENATE CS FOR CS FOR HOUSE BILL NO. 386(FIN) am S An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 393 SENATE CS FOR CS FOR HOUSE BILL NO. 393(FIN) An Act relating to contracts with the state establishing payments in lieu of other taxes by a qualified sponsor or qualified sponsor group for projects to develop stranded gas resources in the state; providing for the inclusion in the contracts of terms making certain adjustments regarding royalty value and the timing and notice of the states right to take royalty in kind or in value from projects to develop stranded gas resources in the state; relating to the effect of the contracts on municipal taxation; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration with a Senate Letter of Intent. HB 399 SENATE CS FOR HOUSE BILL NO. 399(RLS) An Act relating to an optional exemption from, and deferral of payment of, municipal taxes on deteriorated property, and defining deteriorated property for purposes of the exemption or deferral; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 459 SENATE CS FOR CS FOR HOUSE BILL NO. 459(RLS) An Act establishing new eligibility for medical assistance for certain disabled persons and giving their eligibility for services the highest priority among optional services and groups under the medical assistance program; amending the definition of personal care services in a recipients home as used in the medical assistance program; moving midwife services from being the first to being the seventh service eliminated under the medical assistance program when there is insufficient funding; adjusting the priority of optional services and 1998-05-12 Senate Journal Page 4185 HB 459 optional eligible groups under the medical assistance program in order to reflect the new priorities given to the newly-eligible disabled persons and to midwife services but without otherwise changing the relative order of the other optional services and optional groups; relating to catastrophic illness assistance; establishing a medical assistance program for chronic and acute medical conditions; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Duncan moved and asked unanimous consent that the Alaska State Senate adjourn sine die. Without objection, the Senate adjourned at 12:09 a.m. Nancy Quinto Secretary of the Senate May 1998