Legislature(1995 - 1996)

1995-04-25 Senate Journal

Full Journal pdf

1995-04-25                     Senate Journal                      Page 1219
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     NINETEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                      Tuesday             April 25, 1995         
                                                                               
                               One Hundredth Day                               
                                                                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 12:03 p.m.                                                           
                                                                               
                                                                               
The roll showed eighteen members present.  Senators Adams, Green               
were absent.                                                                   
                                                                               
                                                                               
The prayer was offered by the Chaplain, Pastor A. Gordon Johnson               
of Resurrection Lutheran Church.                                               
                                                                               
                                                                               
Senator Phillips led the Senate in the pledge of allegiance.                   
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Halford moved and asked unanimous consent that the journal             
for the ninety-ninth legislative day and House and Senate Joint                
Journal Supplement No. 12 be approved as certified by the Secretary.           
Without objection, it was so ordered.                                          
                                                                               
                                                                               
The presence of Senator Adams was noted.                                       
                                                                               
                                                                               
                                      1219                                     

1995-04-25                     Senate Journal                      Page 1220
                           MESSAGES FROM THE HOUSE                           
                                                                               
HB 100                                                                       
Message of April 22 was read stating, the House has failed to                  
concur in the Senate amendments to:                                            
                                                                               
CS FOR HOUSE BILL NO. 100(FIN)                                                
"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."                                                                         
                                                                               
namely,                                                                        
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
100(FIN) am S(efd/brf super majority fld S)                                    
"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 requests the Senate to recede from its amendments.                         
                                                                               
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 Hanley, Chair                                                  
	Representative Foster                                                         
	Representative Grussendorf                                                    
                                                                               
Senator Halford moved that the Senate recede from its amendments               
and recommended the body vote no.                                              
                                                                               
The question being:  "Shall the Senate recede from its amendments              
to CS FOR HOUSE BILL NO. 100(FIN)?"  The roll was taken with                   
the following result:                                                          

1995-04-25                     Senate Journal                      Page 1221
HB 100                                                                       
                                                                               
SCS CSHB 100(FIN) am S                                                         
Shall the Senate Recede from its Amendment                                     
to CSHB 100(FIN)?                                                              
                                                                               
YEAS:  0   NAYS:  19   EXCUSED:  0   ABSENT:  1                              
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Frank, Halford, Hoffman,                  
Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp,          
Taylor, Torgerson, Zharoff                                                     
                                                                               
Absent:  Green                                                                 
                                                                               
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 Frank, Chair                                                          
	Senator Halford                                                               
	Senator Zharoff                                                               
                                                                               
The Secretary was requested to notify the House.                               
Message of April 22 was read, stating the House passed and                     
transmitted for consideration:                                                 
                                                                               
                        FIRST READING AND REFERENCE OF                        
                               HOUSE RESOLUTIONS                              
                                                                               
HJR 30                                                                       
HOUSE JOINT RESOLUTION NO. 30 BY REPRESENTATIVES                               
VEZEY, Toohey,                                                                 
                                                                               
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.                                                   
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1222
HJR 39                                                                       
HOUSE JOINT RESOLUTION NO. 39 BY THE HOUSE SPECIAL                             
COMMITTEE ON WORLD TRADE AND STATE/FEDERAL                                     
RELATIONS,                                                                     
                                                                               
Relating to the Northern Sea Route.                                           
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
HJR 41                                                                       
HOUSE JOINT RESOLUTION NO. 41 BY REPRESENTATIVES                               
WILLIAMS, Bunde, Kott,                                                         
                                                                               
Supporting an exemption from the Jones Act for                                
bulk commodities, such as coal and coal derived                                
fuels, produced in Alaska.                                                     
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 219                                                                       
CS FOR HOUSE BILL NO. 219(FIN) BY THE HOUSE FINANCE                            
COMMITTEE, entitled:                                                           
                                                                               
"An Act relating to medical care for prisoners; and                           
authorizing special medical parole for severely                                
medically disabled or quadriplegic prisoners."                                 
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 115                                                                       
The Judiciary Committee considered SENATE BILL NO. 115 "An                     
Act relating to the establishment, modification, and enforcement of            
support orders and the determination of parentage in situations                
involving more than one state; amending Alaska Rule of                         
Administration 9; amending Alaska Rules of Civil Procedure 79 and              
82; and providing for an effective date" and recommended it be                 
replaced with                                                                  

1995-04-25                     Senate Journal                      Page 1223
SB 115                                                                       
CS FOR SENATE BILL NO. 115(JUD), entitled:                                    
"An Act relating to the establishment, modification,                          
and enforcement of support orders and the                                      
determination of parentage in situations involving                             
more than one state; amending Alaska Rules of                                  
Civil Procedure 79 and 82; and providing for an                                
effective date."                                                               
                                                                               
Signing no recommendation: Senator Taylor, Chair, Senators Miller,             
Green.  Signing do pass: Senators Adams, Ellis.                                
                                                                               
Previous fiscal notes and zero fiscal notes.                                   
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
SB 116                                                                       
The Judiciary Committee considered SENATE BILL NO. 116 "An                     
Act relating to administrative establishment of paternity and                  
establishing paternity by affidavit; relating to child support                 
enforcement; and providing for an effective date."  Signing no                 
recommendation: Senator Taylor, Chair.  Signing do pass: Senators              
Green, Ellis, Miller, Adams.                                                   
                                                                               
Previous fiscal notes and zero fiscal notes.                                   
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
SB 124                                                                       
The Finance Committee considered SENATE BILL NO. 124 "An                       
Act relating to the human services community matching grant                    
program; and providing for an effective date."  Signing do pass:               
Senators Frank, Halford, Cochairs, Senators Rieger, Sharp.  Signing            
do not pass: Senator Phillips.  Signing no recommendation: Senators            
Donley, Zharoff.                                                               
                                                                               
Previous zero fiscal note.                                                     
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1224
HJR 5                                                                        
The Judiciary Committee considered CS FOR HOUSE JOINT                          
RESOLUTION NO. 5(FIN) am Proposing amendments to the                           
Constitution of the State of Alaska relating to terms of legislators,          
and recommended it be replaced with                                            
                                                                               
SENATE CS FOR CS FOR HOUSE JOINT                                              
RESOLUTION NO. 5(JUD), entitled:                                               
Proposing amendments to the Constitution of the                               
State of Alaska relating to tenure limits for certain                          
officers of the state and subdivisions of the state.                           
(Title change authorized by SENATE                                            
CONCURRENT RESOLUTION NO. 16)                                                  
                                                                               
Signing do not pass: Senator Taylor, Chair, Senator Adams.  Signing            
do pass: Senator Miller.  Signing no recommendation: Senators                  
Green, Ellis.                                                                  
                                                                               
Previous House fiscal note.                                                    
                                                                               
President Pearce added a further referral to the Finance Committee.            
                                                                               
The resolution was referred to the Finance Committee.                          
                                                                               
HJR 23                                                                       
The Resources Committee considered CS FOR HOUSE JOINT                          
RESOLUTION NO. 23(FSH) Relating to the North Pacific Fishery                   
Management Council's inshore/offshore allocations and the Western              
Alaska Community Development Quota Program.  Signing do pass:                  
Senator Leman, Chair, Senators Halford, Frank, Taylor.                         
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The resolution was referred to the Rules Committee.                            
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1225
HB 28                                                                        
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
28(FIN) am "An Act relating to the possession of weapons within                
the buildings of, grounds of, or on the parking lot of preschools,             
elementary, junior high, and secondary schools or while participating          
in a school-sponsored event; requiring the expulsion or suspension             
of students possessing deadly weapons on school grounds; requiring             
reports to the Department of Education concerning those expulsions             
or suspensions; and relating to school lockers and other containers            
provided in a public or private school by the school or the school             
district" and recommended it be replaced with                                  
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
28(JUD)                                                                        
                                                                               
Signing no recommendation: Senator Taylor, Chair, Senators Miller,             
Adams, Ellis.  Signing do pass: Senator Green.                                 
                                                                               
Previous House zero fiscal notes.                                              
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 124                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
124(FIN) "An Act transferring the regulation of nursing home                   
administrators to the Department of Commerce and Economic                      
Development; abolishing the Board of Nursing Home Administrators;              
clarifying the conditions under which a nursing home administrator             
license may be denied; and providing for an effective date" and                
recommended it be replaced with                                                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN), entitled:                        
"An Act transferring the regulation of nursing home administrators             
to the Department of Commerce and Economic Development;                        
abolishing the Board of Nursing Home Administrators; clarifying the            
conditions under which a nursing home administrator license may be             
denied; relating to applications for certificates of need; prohibiting         
the issuance of a certificate of need or a license for additional              
nursing home capacity in the state until July 1, 1997; and providing           
for an effective date."                                                        
(Title change authorized by SENATE CONCURRENT                                  
RESOLUTION NO. 17)                                                             

1995-04-25                     Senate Journal                      Page 1226
HB 124                                                                       
Signing do pass: Senators Halford, Frank, Cochairs, Senators Rieger,           
Donley, Sharp.  Signing no recommendation: Senators Phillips,                  
Zharoff.                                                                       
                                                                               
Previous House fiscal note.                                                    
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 200                                                                       
The Judiciary Committee considered HOUSE BILL NO. 200 "An                      
Act reassigning responsibility for the custody of persons pending              
their arraignments, commitment to the custody of the commissioner              
of corrections, or admission to a state correctional facility, and             
authorizing the commissioner of corrections to employ guards for               
emergencies on the same basis as the commissioner of public safety,            
as partially exempt service employees; and providing for an effective          
date."  Signing do pass: Senator Taylor, Chair, Senators Green,                
Miller.  Signing no recommendation: Senators Ellis, Adams.                     
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 208                                                                       
The Resources Committee considered CS FOR HOUSE BILL NO.                       
208(FSH) "An Act relating to seafood processing permits and hazard             
analysis critical control point plans; relating to seafood processing          
plans of operation and quality assurance plans; and providing for an           
effective date."  Signing do pass: Senator Leman, Chair, Senators              
Halford, Frank, Taylor.                                                        
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 225                                                                       
The Resources Committee considered CS FOR HOUSE BILL NO.                       
225(RES) "An Act authorizing the commissioner of fish and game                 
to issue permits to possess, import, or export elephants; and                  
providing for an effective date."  Signing do pass: Senator Leman,             
Chair, Senators Halford, Taylor, Frank.                                        

1995-04-25                     Senate Journal                      Page 1227
HB 225                                                                       
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 79                                                                        
The Rules Committee considered SENATE BILL NO. 79 "An Act                      
relating to errors in surveys of land."  Signing to calendar: Senator          
Miller, Chair, Senators Pearce, Salo, Sharp.                                   
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 108                                                                       
The Rules Committee considered HOUSE BILL NO. 108 "An Act                      
relating to claims on permanent fund dividends for defaulted public            
assistance overpayments."  Signing to calendar: Senator Miller, Chair,         
Senators Pearce, Sharp.  Signing under other recommendations:                  
Senator Salo.                                                                  
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 150                                                                       
The Rules Committee considered HOUSE BILL NO. 150 "An Act                      
relating to receipts for bail forfeited in satisfaction for certain            
offenses."  Signing to calendar: Senator Miller, Chair, Senators               
Pearce, Sharp, Salo.                                                           
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 151                                                                       
The Rules Committee considered HOUSE BILL NO. 151 "An Act                      
relating to magistrate jurisdiction in presumptive death proceedings."         
Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp,            
Salo.                                                                          
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 153                                                                       
The Rules Committee considered HOUSE BILL NO. 153 "An Act                      
relating to the surety bond for certain judicial officers."  Signing to        
calendar: Senator Miller, Chair, Senators Pearce, Salo.  Signing no            
recommendation: Senator Sharp.                                                 

1995-04-25                     Senate Journal                      Page 1228
HB 153                                                                       
The bill is on today's calendar.                                               
                                                                               
HB 188                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
188(JUD) am "An Act creating the crime of indecent viewing or                  
photography."  Signing to calendar: Senator Miller, Chair, Senators            
Duncan, Pearce, Sharp, Salo.                                                   
                                                                               
The bill is on today's calendar.                                               
The presence of Senator Green was noted.                                       
                                                                               
HB 220                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
220(L&C) "An Act relating to the duties of the commissioner of                 
commerce and economic development concerning the Alaska Tourism                
Marketing Council; relating to the per diem travel expenses of the             
council's board of directors; relating to the powers and duties of the         
council; extending the termination date of the council; and providing          
for an effective date."  Signing to calendar: Senator Miller, Chair,           
Senator Pearce.  Signing under other recommendations: Senator Salo.            
                                                                               
The bill is on today's calendar.                                               
                                                                               
                                                                               
                         INTRODUCTION AND REFERENCE OF                        
                              SENATE RESOLUTIONS                              
                                                                               
SR 3                                                                         
SENATE RESOLUTION NO. 3 BY SENATORS KELLY, Hoffman,                            
                                                                               
Relating to the conversion of the Naval Air Facility                          
in Adak.                                                                       
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
SCR 15                                                                       
SENATE CONCURRENT RESOLUTION NO. 15 BY THE                                     
SENATE RESOURCES COMMITTEE,                                                    
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1229
SCR 15                                                                       
Suspending Uniform Rules 24(c), 35, 41(b), and                                
42(e) of the Alaska State Legislature concerning                               
House Bill No. 107, relating to restrictions attached                          
to certain commercial fisheries limited entry permits.                         
                                                                               
was read the first time.  President Pearce stated the resolution would         
be held on the Secretary's desk.                                               
                                                                               
SCR 16                                                                       
SENATE CONCURRENT RESOLUTION NO. 16 BY THE                                     
SENATE  JUDICIARY COMMITTEE,                                                   
                                                                               
Suspending Uniform Rules 24(c), 35, 41(b), and                                
42(e) of the Alaska State Legislature concerning                               
House Joint Resolution No. 5, relating to terms of                             
legislators.                                                                   
                                                                               
was read the first time.  President Pearce stated the resolution would         
be held on the Secretary's desk.                                               
                                                                               
SCR 17                                                                       
SENATE CONCURRENT RESOLUTION NO. 17 BY THE                                     
SENATE FINANCE COMMITTEE,                                                      
                                                                               
Suspending Uniform Rules 24(c), 35, 41(b), and                                
42(e) of the Alaska State Legislature concerning                               
House Bill No. 124, relating to nursing home                                   
administrators.                                                                
                                                                               
was read the first time.  President Pearce stated the resolution would         
be held on the Secretary's desk.                                               
                                                                               
SJR 27                                                                       
SENATE JOINT RESOLUTION NO. 27 BY SENATOR ZHAROFF,                             
                                                                               
Endorsing development of the Falls Creek                                      
hydropower project.                                                            
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1230
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 165                                                                       
SENATE BILL NO. 165 BY THE SENATE HEALTH,                                      
EDUCATION AND SOCIAL SERVICES COMMITTEE BY                                     
REQUEST, entitled:                                                             
                                                                               
"An Act relating to psychologists and psychological                           
associates."                                                                   
                                                                               
was read the first time and referred to the Health, Education and              
Social Services and Labor and Commerce Committees.                             
                                                                               
                                                                               
SB 166                                                                       
SENATE BILL NO. 166 BY SENATOR TORGERSON, entitled:                            
                                                                               
"An Act relating to the date by which a borough                               
school board is required to submit a school budget                             
to the borough assembly and the date by which the                              
borough assembly is required to appropriate money                              
from local sources for public schools; and providing                           
for an effective date."                                                        
                                                                               
was read the first time and referred to the Community and Regional             
Affairs Committee.                                                             
                                                                               
                                                                               
SB 167                                                                       
SENATE BILL NO. 167 BY THE SENATE JUDICIARY                                    
COMMITTEE BY REQUEST, entitled:                                                
                                                                               
"An Act relating to day fines in certain criminal                             
cases and release of employment information for use                            
in the collection of criminal judgments."                                      
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1231
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 79                                                                        
SENATE BILL NO. 79 "An Act relating to errors in surveys of                    
land" was read the second time.                                                
                                                                               
Senator Torgerson moved and asked unanimous consent for the                    
adoption of the Community and Regional Affairs Committee                       
Substitute offered on page 1101.  Senators Duncan, Adams objected              
then withdrew their objections.  There being no further objections,            
CS FOR SENATE BILL NO. 79(CRA) "An Act relating to errors                      
in surveys of land and amending Alaska Rules of Civil Procedure 4              
and 12" was adopted and read the second time.                                  
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Without objection, it was so ordered.                                
                                                                               
CS FOR SENATE BILL NO. 79(CRA) was read the third time.                        
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 79(CRA)                     
"An Act relating to errors in surveys of land and amending Alaska              
Rules of Civil Procedure 4 and 12" pass the Senate?"  The roll was             
taken with the following result:                                               
                                                                               
CSSB 79(CRA)                                                                   
Third Reading - Final Passage                                                  
Court Rules                                                                    
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger,              
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, CS FOR SENATE BILL NO. 79(CRA) passed the Senate.                      
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1232
SB 79                                                                        
Senator Halford moved and asked unanimous consent that the vote                
on the passage of the bill be considered the vote on the Court Rule            
changes.  Without objection, the Court Rule changes were adopted.              
                                                                               
Senator Halford gave notice of reconsideration.                                
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 108                                                                       
HOUSE BILL NO. 108 "An Act relating to claims on permanent                     
fund dividends for defaulted public assistance overpayments" was               
read the second time.                                                          
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
advanced to third reading and placed on final passage.  Without                
objection, it was so ordered.                                                  
                                                                               
HOUSE BILL NO. 108 was read the third time.                                    
                                                                               
The question being:  "Shall HOUSE BILL NO. 108 "An Act relating                
to claims on permanent fund dividends for defaulted public                     
assistance overpayments" pass the Senate?"  The roll was taken with            
the following result:                                                          
                                                                               
HB 108                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman,                  
Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor,           
Torgerson, Zharoff                                                             
                                                                               
Nays:  Adams, Lincoln                                                          
                                                                               
and so, HOUSE BILL NO. 108 passed the Senate.                                  
                                                                               
Senator Duncan gave notice of reconsideration.                                 
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1233
HB 150                                                                       
HOUSE BILL NO. 150 "An Act relating to receipts for bail forfeited             
in satisfaction for certain offenses" was read the second time.                
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
advanced to third reading and placed on final passage.  Without                
objection, it was so ordered.                                                  
                                                                               
HOUSE BILL NO. 150 was read the third time.                                    
                                                                               
The question being:  "Shall HOUSE BILL NO. 150 "An Act relating                
to receipts for bail forfeited in satisfaction for certain offenses" pass      
the Senate?"  The roll was taken with the following result:                    
                                                                               
HB 150                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger,              
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, HOUSE BILL NO. 150 passed the Senate, was signed by                    
the President and Secretary and returned to the House.                         
                                                                               
HB 151                                                                       
HOUSE BILL NO. 151 "An Act relating to magistrate jurisdiction                 
in presumptive death proceedings" was read the second time.                    
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
advanced to third reading and placed on final passage.  Without                
objection, it was so ordered.                                                  
                                                                               
HOUSE BILL NO. 151 was read the third time.                                    
                                                                               
The question being:  "Shall HOUSE BILL NO. 151 "An Act relating                
to magistrate jurisdiction in presumptive death proceedings" pass the          
Senate?"  The roll was taken with the following result:                        
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1234
HB 151                                                                       
                                                                               
HB 151                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger,              
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, HOUSE BILL NO. 151 passed the Senate, was signed by                    
the President and Secretary and returned to the House.                         
                                                                               
HB 153                                                                       
HOUSE BILL NO. 153 "An Act relating to the surety bond for                     
certain judicial officers" was read the second time.                           
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
advanced to third reading and placed on final passage.  Without                
objection, it was so ordered.                                                  
                                                                               
HOUSE BILL NO. 153 was read the third time.                                    
                                                                               
The question being:  "Shall HOUSE BILL NO. 153 "An Act relating                
to the surety bond for certain judicial officers" pass the Senate?"            
The roll was taken with the following result:                                  
                                                                               
HB 153                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger,              
Salo, Taylor, Torgerson, Zharoff                                               
                                                                               
Nays:  Sharp                                                                   
                                                                               
and so, HOUSE BILL NO. 153 passed the Senate was signed by the                 
President and Secretary and returned to the House.                             
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1235
HB 188                                                                       
CS FOR HOUSE BILL NO. 188(JUD) am "An Act creating the                         
crime of indecent viewing or photography" was read the second                  
time.                                                                          
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
advanced to third reading and placed on final passage.  Without                
objection, it was so ordered.                                                  
                                                                               
CS FOR HOUSE BILL NO. 188(JUD) am was read the third time.                     
                                                                               
Senators Zharoff, Duncan, Lincoln, Taylor, Miller, Halford moved               
and asked unanimous consent that they be shown as cross sponsors               
on the bill.  Without objection, it was so ordered.                            
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 188(JUD)                     
am "An Act creating the crime of indecent viewing or photography"              
pass the Senate?"  The roll was taken with the following result:               
                                                                               
CSHB 188(JUD) am                                                               
Third Reading - Final Passage                                                  
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger,              
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, CS FOR HOUSE BILL NO. 188(JUD) am passed the                           
Senate, was signed by the President and Secretary and returned to              
the House.                                                                     
                                                                               
HB 220                                                                       
CS FOR HOUSE BILL NO. 220(L&C) "An Act relating to the                         
duties of the commissioner of commerce and economic development                
concerning the Alaska Tourism Marketing Council; relating to the               
per diem travel expenses of the council's board of directors; relating         
to the powers and duties of the council; extending the termination             
date of the council; and providing for an effective date" was read the         
second time.                                                                   
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1236
HB 220                                                                       
Senator Kelly moved and asked unanimous consent for the adoption               
of the Labor and Commerce Senate Committee Substitute offered on               
page 1139.  Senator Adams objected.  Senator Kelly withdrew his                
motion.                                                                        
                                                                               
Senator Halford, Chair, moved and asked unanimous consent that the             
bill have an additional referral to the Finance Committee.  Without            
objection, CS FOR HOUSE BILL NO. 220(L&C) was referred to the                  
Finance Committee.                                                             
                                                                               
                                                                               
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 115                                                                       
CS FOR HOUSE BILL NO. 115(JUD) am "An Act relating to                          
settlement and payment of claims for overtime compensation claims              
and to liquidated damages and attorney fees for overtime                       
compensation claims" which had been held in third reading (page                
1212) was before the Senate.                                                   
                                                                               
Senator Adams moved that the bill be returned to second reading for            
the purpose of a specific amendment, that being Amendment No. 1.               
Senator Miller objected.                                                       
                                                                               
The question being: "Shall the bill be returned to second reading for          
the purpose of a specific amendment?"  The roll was taken with the             
following result:                                                              
                                                                               
CSHB 115(JUD) am                                                               
Return to Second for Specific Amendment                                        
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Phillips,               
Rieger, Salo, Taylor, Zharoff                                                  
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Sharp,             
Torgerson                                                                      
                                                                               
and so, the bill was returned to second reading.                               
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1237
HB 115                                                                       
Senator Adams offered Amendment No. 1:                                         
                                                                               
Page 1, line 13:                                                               
	Delete "(h)"                                                              
	Insert "(g)"                                                              
                                                                               
Page 2, lines 24 - 30:                                                         
	Delete all material.                                                          
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
Page 3, line 2:                                                                
	Delete "Subsections (d) - (g)"                                                
	Insert "Subsections (d) - (f)"                                                
                                                                               
Page 3, line 20:                                                               
	Delete "AS 23.10.110(i)"                                                      
	Insert "AS 23.10.110(h)"                                                      
                                                                               
Page 3, line 22:                                                               
	Delete "AS 23.10.110(j)"                                                      
	Insert "AS 23.10.110(i)"                                                      
                                                                               
Senator Adams moved for the adoption of Amendment No. 1.                       
Senator Miller objected.                                                       
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 115(JUD) am                                                               
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Phillips, Salo,                 
Taylor, Zharoff                                                                
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
Rieger, Sharp, Torgerson                                                       
                                                                               
and so, Amendment No. 1 failed.                                                

1995-04-25                     Senate Journal                      Page 1238
HB 115                                                                       
CS FOR HOUSE BILL NO. 115(JUD) am was automatically in third                   
reading.                                                                       
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 115(JUD)                     
am "An Act relating to settlement and payment of claims for                    
overtime compensation claims and to liquidated damages and                     
attorney fees for overtime compensation claims" pass the Senate?"              
The roll was taken with the following result:                                  
                                                                               
CSHB 115(JUD) am                                                               
Third Reading - Final Passage                                                  
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
Rieger, Sharp, Taylor, Torgerson                                               
                                                                               
Nays:  Adams, Duncan, Ellis, Hoffman, Lincoln, Phillips, Salo,                 
Zharoff                                                                        
                                                                               
and so, CS FOR HOUSE BILL NO. 115(JUD) am passed the                           
Senate.                                                                        
                                                                               
Senator Adams gave notice of reconsideration.                                  
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
In Memoriam - Daniel Stanley Karmun, Jr.                                       
Representative(s) Foster                                                       
Senator(s) Adams, Hoffman, Taylor, Duncan, Zharoff, Kelly, Leman,              
Pearce, Lincoln                                                                
                                                                               
Senator Halford moved and asked unanimous consent that the                   
citation be adopted.  Without objection, the citation was adopted and          
referred to the Secretary for transmittal.                                     
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1239
                             UNFINISHED BUSINESS                             
                                                                               
                                                                               
SB 121                                                                       
Senator Halford moved and asked unanimous consent that the                     
reconsideration on SENATE BILL NO. 121 "An Act making an                       
appropriation for deferred maintenance for the University of Alaska;           
and providing for an effective date" be held to April 26.  Without             
objection, it was so ordered.                                                  
                                                                               
                                                                               
SJR 18                                                                       
The reconsideration on CS FOR SPONSOR SUBSTITUTE FOR                           
SENATE JOINT RESOLUTION NO. 18(STA) Relating to                                
establishment of an Arctic council, was not taken up this legislative          
day and the resolution was referred to the Secretary for engrossment.          
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SJR 18                                                                       
CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT                                     
RESOLUTION NO. 18(STA) Relating to establishment of an Arctic                  
council was engrossed, signed by the President and Secretary and               
transmitted to the House for consideration.                                    
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1240
                                  ENROLLMENT                                 
                                                                               
SJR 12                                                                       
HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO.                                
12(RES) am H Relating to the United States Department of                       
Agriculture, Forest Service; relating to the United States Department          
of Agriculture, Forest Service, strategic plan known as "Reinvention           
of the Forest Service"; and advocating that implementation of the              
plan be suspended pending Congressional review and consultation                
with local governments, was enrolled, signed by the President and              
Secretary, Speaker and Chief Clerk and the engrossed and enrolled              
copies transmitted to the Office of the Governor at 2:45 p.m., April           
25, 1995.                                                                      
                                                                               
SB 39                                                                        
CS FOR SENATE BILL NO. 39(FIN) "An Act relating to memorial                    
scholarship loans; and providing for an effective date" was enrolled,          
signed by the President and Secretary, Speaker and Chief Clerk and             
the engrossed and enrolled copies transmitted to the Office of the             
Governor at 2:45 p.m., April 25, 1995.                                         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 11:00 a.m., April 26, 1995.  Without                
objection, the Senate adjourned at 1:16 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                            April 1995         

1995-04-25                     Senate Journal                      Page 1241
                                ANNOUNCEMENTS                                
                                                                               
                    NOTICE - AMERICANS WITH DISABILITIES ACT                   
                                                                               
	Persons with disabilities who require special accommodation or                
alternative communication formats to access committee meetings may contact     
the appropriate committee office or the Legislative Information Office in      
their community. Reasonable advance notice is needed to accommodate the        
request. For further information, call the ADA Coordinator at 465-3854         
Voice/465-4980 TDD.                                                            
                                                                               
                                                                               
                             STANDING COMMITTEES                             
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                               BUTROVICH ROOM 205                              
APR 26                             WEDNESDAY                   1:30 PM         
 	BILLS PENDING AT CALL OF CHAIR                                               
                                                                               
APR 28                               FRIDAY                    1:30 PM         
SCR 13	100TH YEAR OF WOMEN IN STATE LEGISLATURES                               
SB 166	BUDGET DEADLINE FOR BOROUGH SCHOOL BOARD                                
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
APR 25                              TUESDAY                    9:00 AM         
 	-- PREVIOUSLY SCHEDULED BILLS --                                             
                                                                               
APR 25                              TUESDAY                    2:30 PM         
 	-- CONTINUED FROM 04/25/95 11:00 AM MEETING --                               
 	-- PREVIOUSLY SCHEDULED BILLS --                                             
                                                                               
APR 26                             WEDNESDAY                   9:00 AM         
 	-- PREVIOUSLY SCHEDULED BILLS --                                             
                                                                               
APR 27                              THURSDAY                   9:00 AM         
 	-- PREVIOUSLY SCHEDULED BILLS --                                             
                                                                               
APR 28                               FRIDAY                    9:00 AM         
 	-- PREVIOUSLY SCHEDULED BILLS --                                             
                    ----------------------------------------                   
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1242
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
APR 26                             WEDNESDAY                   9:00 AM         
 	-- TELECONFERENCE --                                                         
SB   2	UNEMPL'T COMP: NONCERTIFICATED SCH. EMPS.                               
SB  18	REAA ADVISORY VOTES                                                     
                                                                               
APR 28                               FRIDAY                    9:00 AM         
HB  65	ASSISTIVE TECHNOLOGY LOAN GUARANTEES                                    
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
APR 26                             WEDNESDAY                   1:30 PM         
 	-- TELECONFERENCE --                                                         
HB  39	AUTHORITY TO PRONOUNCE DEATH                                            
HB  74	ASSAULT BY ADULTS ON CHILDREN                                           
HB 219	PAROLE OF TERMINALLY ILL PRISONERS                                      
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
APR 25                              TUESDAY                    1:30 PM         
 	-- TELECONFERENCE --                                                         
 	CONFIRMATION HEARINGS                                                        
SB 158	PHARMACISTS AND PHARMACIES                                              
HB 231	INTERVIEWS BY THE STATE MEDICAL BOARD                                   
HB 168	PERMITS FOR NONRESIDENT OPTOMETRISTS                                    
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
APR 26                             WEDNESDAY                   3:30 PM         
 	-- TELECONFERENCE --                                                         
SB 164	APPROVE TESORO ROYALTY OIL AGREEMENT                                    
SJR 22	FISH & MARINE MAMMAL RESEARCH BERING SEA                                
SJR 27	ENDORSING FALLS CREEK HYDROPOWER PROJECT                                
 	BILLS PREVIOUSLY HEARD                                                       
 	BELOW CONTINUED FROM 04/12/95:                                               
 	CONFIRMATION HEARING:  FRANK RUE, COMMISSIONER,                              
 	DEPARTMENT OF FISH AND GAME                                                  
                                                                               
APR 28                               FRIDAY                    3:30 PM         
 	-- TELECONFERENCE --                                                         
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                                                               

1995-04-25                     Senate Journal                      Page 1243
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
APR 25                              TUESDAY                    3:30 PM         
HB  13	CAMPAIGN FILINGS & DISCLOSURES                                          
HB  44	GAMING PROCEEDS/DEFINE CHARITABLE ORG'NS                                
SB 143	AHFC TRANSFERS TO GENERAL FUND; BONDS                                   
SB 144	FINANCING REPAIR/REHAB OF U AK BLDGS                                    
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 27                              THURSDAY                   3:30 PM         
SB 118	TAX CREDIT: GIFTS TO PUBLIC BROADCASTING                                
 	BELOW BILL PREVIOUSLY HEARD:                                                 
SB 141	LEGISLATIVE ETHICS                                                      
 	<TELECONFERENCE ON ABOVE BILL-INVITATION ONLY>                               
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                        CONFERENCE COMMITTEE ON HB 100                       
                               SENATE FINANCE 532                              
APR 26                             WEDNESDAY                   4:00 PM         
HB 100	APPROP: FY 96 OPERATING & LOAN BUDGET