Legislature(1995 - 1996)

1996-05-01 Senate Journal

Full Journal pdf

1996-05-01                     Senate Journal                      Page 3733
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    NINETEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
Juneau, Alaska                     Wednesday                                   
                                                                               
                           One Hundred Fifteenth Day                           
                                                                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 2:22 p.m.                                                            
                                                                               
                                                                               
The roll showed thirteen members present.  Senators Donley, Ellis,             
Frank, Green, Lincoln, Rieger, Salo were absent.                               
                                                                               
                                                                               
The prayer was offered by the Chaplain, Senator Leman.                         
                                                                               
                                                                               
Senator Torgerson led the Senate in the pledge of allegiance.                  
                                                                               
                                                                               
The presence of Senators Ellis, Green was noted.                               
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
                                                                               
Senator Halford moved and asked unanimous consent that the                     
journals for the one hundred thirteenth and one hundred fourteenth             
legislative days be approved as certified by the Secretary.  Without           
objection, it was so ordered.                                                  
                                                                               
                                                                               
The presence of Senators Salo, Lincoln, Frank, Rieger, Donley was              
noted.                                                                         
                                                                               
                                                                               
                                      3733                                     

1996-05-01                     Senate Journal                      Page 3734
                           MESSAGES FROM THE HOUSE                           
                                                                               
SB 181                                                                       
Message of April 30 was read, stating the House passed and                     
returned:                                                                      
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR SENATE                                          
BILL NO. 181(FIN)                                                              
An Act relating to tourist oriented directional signs                         
that are 90 inches in width and 18 inches in height                            
and to penalties for violations related to outdoor                             
advertising.                                                                   
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
HJR 59                                                                       
Message of April 30 was read, stating the House concurred in the               
Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO.                          
59(RES), thus adopting:                                                        
                                                                               
SENATE CS FOR CS FOR HOUSE JOINT                                              
RESOLUTION NO. 59(RES)                                                         
Respectfully requesting the Environmental Protection                          
Agency to issue a final National Pollutant Discharge                           
Elimination System permit for Cook Inlet oil and                               
gas operations that omits the incremental permittee                            
monitoring and reporting obligations identified in the                         
Agency's draft permit and, consistent with the                                 
philosophy of the Agency's 1996 National Water                                 
Program Agenda, allows the permittees to operate                               
under pollutant discharge monitoring and reporting                             
requirements that are not more rigorous than those                             
requirements of the Cook Inlet National Pollutant                              
Discharge Elimination System permit in place.                                  
                                                                               
HJR 60                                                                       
Message of April 30 was read, stating the House concurred in the               
Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO.                          
60(RES), thus adopting:                                                        
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3735
HJR 60                                                                       
SENATE CS FOR CS FOR HOUSE JOINT                                              
RESOLUTION NO. 60(RES)                                                         
Relating to Revised Statute 2477 rights-of-way.                               
                                                                               
HB 465                                                                       
Message of April 30 was read, stating the House concurred in the               
Senate amendments to CS FOR HOUSE BILL NO. 465(HES) am,                        
thus adopting:                                                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
465(RLS) am S                                                                  
An Act relating to employment of teachers and                                 
school administrators and to public school collective                          
bargaining; and providing for an effective date.                               
                                                                               
HB 547                                                                       
Message of April 30 was read, stating the House concurred in the               
Senate amendment to CS FOR HOUSE BILL NO. 547(RES) am,                         
thus adopting:                                                                 
                                                                               
CS FOR HOUSE BILL NO. 547(RES) am S                                           
An Act relating to a four-year moratorium on entry                            
into Southeast Alaska dive fisheries; and providing                            
for an effective date.                                                         
                                                                               
SB 6                                                                         
Message of April 30 was read, stating the Speaker appointed the                
following members to a second free conference committee:                       
                                                                               
	Representative Austerman, Chair                                               
	Representative Therriault                                                     
	Representative Long                                                           
                                                                               
to consider:                                                                   
                                                                               
HOUSE CS FOR SENATE BILL NO. 6(CRA) An                                       
Act relating to suspension of a driver's license for                           
failure to appear in court or failure to pay a fine;                           
relating to court and collection costs for traffic                             
offenses; and relating to citations and court                                  
procedures for municipal traffic and parking                                   
offenses.                                                                      

1996-05-01                     Senate Journal                      Page 3736
SB 6                                                                         
and                                                                            
                                                                               
SENATE BILL NO.  6 am                                                         
(same title)                                                                  
                                                                               
President Pearce appointed the following members to the second free            
conference committee to meet with the like committee from the                  
House:                                                                         
                                                                               
	Senator Kelly, Chair                                                          
	Senator Frank                                                                 
	Senator Salo                                                                  
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
Message of April 30 was read, stating the House passed and                     
transmitted for consideration:                                                 
                                                                               
                        FIRST READING AND REFERENCE OF                        
                               HOUSE RESOLUTIONS                              
                                                                               
HCR 35                                                                       
CS FOR HOUSE CONCURRENT RESOLUTION NO. 35(L&C) am                              
BY THE HOUSE LABOR AND COMMERCE COMMITTEE,                                     
                                                                               
Relating to support for the Alaska Community                                  
College system within the University of Alaska.                                
                                                                               
was read the first time and referred to the Health, Education and              
Social Services Committee.                                                     
                                                                               
HJR 47                                                                       
CS FOR HOUSE JOINT RESOLUTION NO. 47(STA) BY THE                               
HOUSE STATE AFFAIRS COMMITTEE,                                                 
                                                                               
Supporting continued funding of the Alaska National                           
Guard Youth Corps Challenge Program.                                           
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               

1996-05-01                     Senate Journal                      Page 3737
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 91                                                                        
CS FOR HOUSE BILL NO. 91(RES) am BY THE HOUSE                                  
RESOURCES COMMITTEE, entitled:                                                 
                                                                               
An Act relating to hunting in marine park units of                            
the Alaska state park system, amending the area                                
within designated marine park units of the Alaska                              
state park system, and adding marine park units to                             
the Alaska state park system.                                                  
                                                                               
was read the first time and referred to the State Affairs, Resources           
and Finance Committees.                                                        
                                                                               
SB 86                                                                        
Message of April 29 was read, stating the House passed and returned            
for consideration CS FOR SENATE BILL NO. 86(FIN) An Act                        
relating to issuance of commemorative gold rush motor vehicle                  
license plates with the following amendment:                                   
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO.                                           
86(FIN)                                                                        
An Act relating to issuance of commemorative gold                             
rush motor vehicle license plates; and providing for                           
an effective date.                                                             
                                                                               
Senator Halford moved that the Senate concur in the House                      
amendment.                                                                     
                                                                               
The question being: Shall the Senate concur in the House                       
amendment to CS FOR SENATE BILL NO. 86(FIN)?  The roll                         
was taken with the following result:                                           
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3738
SB 86                                                                        
                                                                               
HCS CSSB 86(FIN)                                                               
Shall the Senate Concur in the House                                           
amendment to CSSB 86(FIN)?                                                     
(Effective Date)                                                               
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly,            
Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp,               
Taylor, Torgerson, Zharoff                                                     
                                                                               
Absent:  Donley                                                                
                                                                               
and so, the Senate concurred in the House amendment, thus adopting             
HOUSE CS FOR CS FOR SENATE BILL NO. 86(FIN) An Act                             
relating to issuance of commemorative gold rush motor vehicle                  
license plates; and providing for an effective date.                           
                                                                               
Senator Halford 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 274                                                                       
Message of April 30 was read, stating the House passed and returned            
for consideration CS FOR SENATE BILL NO. 274(TRA) am with                      
the following amendment:                                                       
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO.                                           
274(TRA)                                                                       
An Act relating to the noise levels of airports and                           
sport shooting facilities.                                                     
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
concur in the House amendment.                                                 
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3739
SB 274                                                                       
The question being: Shall the Senate concur in the House                       
amendment to CS FOR SENATE BILL NO. 274(TRA) am?  The                          
roll was taken with the following result:                                      
                                                                               
HCS CSSB 274(TRA)                                                              
Shall the Senate concur in the House                                           
amendment to CSSB 274(TRA) am?                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, the Senate concurred in the House amendment, thus adopting             
HOUSE CS FOR CS FOR SENATE BILL NO. 274(TRA) An Act                            
relating to the noise levels of airports and sport shooting facilities.        
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
Senator Duncan gave notice of reconsideration.                                 
                                                                               
President Pearce ruled the action out of order.                                
                                                                               
SB 296                                                                       
Message of April 30 was read, stating the House passed and returned            
for consideration CS FOR SENATE BILL NO. 296(JUD) with the                     
following amendment:                                                           
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO.                                           
296(JUD)                                                                       
An Act requiring criminal background checks                                   
before certain persons may be employed in a                                    
nursing home or assisted living facility; and                                  
prohibiting the hiring or retention of certain nursing                         
home and assisted living facility employees                                    
convicted of specified offenses.                                               
                                                                               
Senator Halford moved that the Senate concur in the House                      
amendment.                                                                     

1996-05-01                     Senate Journal                      Page 3740
SB 296                                                                       
Senators Halford, Pearce, Leman, Green, Taylor, Kelly, Rieger,                 
Sharp, Duncan, Salo, Lincoln, Zharoff, Phillips 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 to CS FOR SENATE BILL NO. 296(JUD)?  The roll                        
was taken with the following result:                                           
                                                                               
HCS CSSB 296(JUD)                                                              
Shall the Senate concur in the House                                           
amendment to CSSB 296(JUD)?                                                    
                                                                               
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman,                  
Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo,               
Sharp, Taylor, Zharoff                                                         
                                                                               
Absent:  Frank, Torgerson                                                      
                                                                               
and so, the Senate concurred in the House amendment, thus adopting             
HOUSE CS FOR CS FOR SENATE BILL NO. 296(JUD) An Act                            
requiring criminal background checks before certain persons may be             
employed in a nursing home or assisted living facility; and                    
prohibiting the hiring or retention of certain nursing home and                
assisted living facility employees convicted of specified offenses.            
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
HB 93                                                                        
Message dated April 30 was read, stating the House failed to concur            
in the Senate amendment to HOUSE BILL NO. 93 am An Act                         
relating to the duty-free mealtime for teachers in certain school              
facilities and respectfully requests the Senate to recede from its             
amendment, namely:                                                             
                                                                               
SENATE CS FOR HOUSE BILL NO. 93(HES)                                          
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3741
HB 93                                                                        
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 James, Chair                                                   
	Representative Mulder                                                         
	Representative Kubina                                                         
                                                                               
Senator Halford moved that the Senate recede from its amendment.               
                                                                               
The question being:  "Shall the Senate recede from its amendment               
to HOUSE BILL NO. 93 am?"  The roll was taken with the                         
following result:                                                              
                                                                               
SCS HB 93(HES)                                                                 
Shall the Senate recede from its                                               
amendment to HB 93 am?                                                         
                                                                               
YEAS:  10   NAYS:  8   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln,                  
Rieger, Salo, Zharoff                                                          
                                                                               
Nays:  Green, Halford, Leman, Miller, Pearce, R.Phillips, Sharp,               
Taylor                                                                         
                                                                               
Absent:  Frank, Torgerson                                                      
                                                                               
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 Green, Chair                                                          
	Senator Miller                                                                
	Senator Salo                                                                  
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
HB 468                                                                       
Message of May 1 was read, stating per your request, the following             
bill is returned:                                                              

1996-05-01                     Senate Journal                      Page 3742
HB 468                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
468(FIN) am S                                                                  
An Act making supplemental appropriations for the                             
expenses of state government and making and                                    
amending appropriations; ratifying certain state                               
expenditures; and providing for an effective date.                             
                                                                               
President Pearce returned the bill to the Rules Committee.                     
                                                                               
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
Report dated May 1 was read stating:                                           
                                                                               
The Senate Committee on Health, Education and Social Services has              
reviewed the qualifications of the following appointment and                   
recommends that the appointment be forwarded to a joint session for            
consideration:                                                                 
                                                                               
University of Alaska Board of Regents                                        
Joe L. Hayes, Jr. - Fairbanks                                                 
                                                                               
By signing this report, this does not reflect an intent by any of the          
members to vote for or against the appointment during any further              
sessions.                                                                      
                                                                               
Signing the report:  Senator Green, Chair, Senators Leman, Miller,             
Ellis.                                                                         
                                                                               
SB 136                                                                       
Forthcoming Finance Committee Substitute (page 3719) for 2d CS                 
FOR SENATE BILL NO. 136(FIN) An Act making, amending, and                      
repealing appropriations; 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                   
received today.                                                                
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3743
SB 191                                                                       
The Finance Committee considered SENATE BILL NO. 191 An                        
Act relating to election campaigns, election campaign financing, the           
oversight and regulation of election campaigns by the Alaska Public            
Offices Commission, the activities of lobbyists that relate to election        
campaigns, and the definitions of offenses of campaign misconduct;             
and providing for an effective date and recommended it be replaced             
with                                                                           
                                                                               
CS FOR SENATE BILL NO. 191(FIN), entitled:                                    
An Act relating to election campaigns, election                               
campaign financing, the oversight and regulation of                            
election campaigns, the activities of lobbyists that                           
relate to election campaigns, the definitions of                               
offenses of campaign misconduct, and to the use of                             
the net proceeds of charitable gaming activities in                            
election campaigns; and providing for an effective                             
date.                                                                          
                                                                               
Signing do pass:  Senator Frank, Cochair, Senators Rieger, Phillips,           
Donley, Sharp.  Signing do pass - unless amended:  Senator Halford             
Cochair.  Signing no recommendation:  Senator Zharoff.                         
                                                                               
Previous fiscal notes and zero fiscal notes apply to the Finance               
Committee Substitute.                                                          
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 210                                                                       
The Finance Committee considered SENATE BILL NO. 210 An                        
Act relating to taxes on cigarettes and tobacco products; and                  
providing for an effective date and recommended the State Affairs              
Committee Substitute offered on page 3042 be adopted.  Signing do              
pass:  Senator Frank, Cochair, Senators Rieger, Sharp.  Signing no             
recommendation:  Senator Halford, Cochair, Senators Phillips,                  
Donley, Zharoff.                                                               
                                                                               
Previous fiscal note.                                                          
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3744
SB 215                                                                       
Forthcoming (page 3719) fiscal note and zero fiscal note published             
today from Department of Revenue and zero fiscal note published                
today from Department of Natural Resources for the Finance                     
Committee Substitute for SENATE BILL NO. 215 An Act                            
streamlining the functions of state government, including authorizing          
the commissioner of fish and game to award grants for certain                  
resource activities; allowing agents selling fish and game licenses and        
tags to retain certain compensation; authorizing the Department of             
Health and Social Services to award grants for certain services for            
developmentally delayed or disabled children; relating to rabies               
control and administration of flour and bread standards by the                 
Department of Environmental Conservation; repealing the Athletic               
Commission, the regulation of boxing and wrestling, the certification          
of professional geologists, and the Water Resources Board; repealing           
certain filing statements and bonds for enforcement and collection of          
certain taxes; and providing for an effective date.                            
                                                                               
SB 265                                                                       
Forthcoming Finance Committee Substitute (page 3720) for SENATE                
BILL NO. 265 An Act relating to receipts of commercial fisheries               
test fishing operations; and providing for an effective date was               
received today with forthcoming fiscal note published today from               
Office of the Governor.                                                        
                                                                               
SB 285                                                                       
The Finance Committee considered SENATE BILL NO. 285 An                        
Act relating to management of discrete salmon stocks and to a                  
salmon management assessment; and providing for an effective date              
and recommended it be replaced with                                            
                                                                               
CS FOR SENATE BILL NO. 285(FIN)                                               
                                                                               
Signing do pass:  Senator Halford, Cochair, Senators Phillips,                 
Donley, Sharp.  Signing do not pass:  Senator Zharoff.                         
                                                                               
Previous zero fiscal note applies to the committee substitute.  Fiscal         
note information forthcoming.                                                  
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3745
HB 191                                                                       
Forthcoming fiscal notes (page 3720) for the Resources Senate                  
Committee Substitute for CS FOR SPONSOR SUBSTITUTE FOR                         
HOUSE BILL NO. 191(FIN) An Act relating to the management                      
and disposal of state land and resources; relating to certain remote           
parcel and homestead entry land purchase contracts and patents; and            
providing for an effective date published today from Department of             
Natural Resources (2).                                                         
                                                                               
HB 202                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
202(HES) An Act relating to the participation and accountability of            
parents and guardians and the enforcement of restitution orders                
entered in juvenile delinquency proceedings; relating to claims on             
permanent fund dividends for certain court-ordered treatment in                
juvenile delinquency proceedings; and amending Alaska Delinquency              
Rules 3(b) and 8(b); and providing for an effective date and                   
recommended it be replaced with                                                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
202(JUD)                                                                       
                                                                               
Signing do pass:  Senator Taylor, Chair, Senators Ellis, Adams,                
Miller.  Signing no recommendation:  Senator Green.                            
                                                                               
Fiscal note information forthcoming.                                           
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 204                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
204(FIN) am An Act relating to the administrative revocation of a              
minor's license to drive; creating criminal offenses of minor                  
operating a vehicle after consuming alcohol, a minor's refusal to              
submit to chemical test, and driving during the 24 hours after being           
cited for minor operating a vehicle after consuming alcohol or refusal         
to submit to chemical test; establishing penalties for these offenses;         
relating to court ordered drug and alcohol screening, evaluation,              
referral, and programs; relating to implied consent to certain testing         
if operating a motor vehicle, aircraft, or watercraft; relating to an          
instrument's working tolerance in a chemical breath test; relating to          
the authority  of a court to impose a suspended sentence after failure         

1996-05-01                     Senate Journal                      Page 3746
HB 204                                                                       
to complete a treatment program upon conviction of felony driving              
while intoxicated or felony refusal to submit to a chemical test;              
relating to the period of time a court may consider for determining            
prior convictions in sentencing a person convicted of felony driving           
while intoxicated or felony refusal to submit to a chemical test;              
amending Rules 6 and 32.1, Alaska Rules of Criminal Procedure, to              
allow the use of hearsay evidence before a grand jury in a                     
prosecution for felony driving while intoxicated or felony refusal to          
submit to a chemical test and to not require a presentence report for          
a first felony driving while intoxicated or first felony refusal to            
submit to a chemical test; and providing for an effective date and             
recommended it be replaced with                                                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
204(JUD)                                                                       
(forthcoming)                                                                 
                                                                               
Signing do pass:  Senator Taylor, Chair, Senators Ellis, Adams,                
Miller.  Signing no recommendation:  Senator Green.                            
                                                                               
Zero fiscal note for the Judiciary Senate Committee Substitute                 
published today from Department of Health and Social Services.                 
Previous House indeterminate fiscal note and zero fiscal notes apply           
to the Senate Committee Substitute.                                            
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 457                                                                       
Forthcoming fiscal note (page 3704) for the Judiciary Senate                   
Committee Substitute for CS FOR HOUSE BILL NO. 457(STA) An                     
Act relating to the unlicensed practice of certain occupations for             
which licenses are required published today from Department of                 
Commerce and Economic Development.                                             
                                                                               
HB 529                                                                       
The Health, Education and Social Services Committee considered                 
HOUSE BILL NO. 529 An Act giving notice of and approving the                   
entry into, and the issuance of certificates of participation in, a lease-     
purchase agreement for a centralized public health laboratory and              
recommended it be replaced with                                                
                                                                               
SENATE CS FOR HOUSE BILL NO. 529(HES)                                         

1996-05-01                     Senate Journal                      Page 3747
HB 529                                                                       
Signing do pass:  Senator Green, Chair, Senators Miller, Ellis.                
Signing no recommendation:  Senator Leman.                                     
                                                                               
Fiscal note information forthcoming.                                           
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 136                                                                       
The Rules Committee considered SENATE BILL NO. 136 An Act                      
making appropriations for capital project matching grant funds and             
to capitalize funds; making, amending, and repealing capital                   
appropriations; and providing for an effective date.  Signing to               
calendar:  Senator Miller, Chair, Senator Pearce.  Signing no                  
recommendation:  Senators Salo, Sharp.  Signing needs amending:                
Senator Duncan.                                                                
                                                                               
The bill is on today's calendar.                                               
                                                                               
SB 141                                                                       
The Rules Committee considered SENATE BILL NO. 141 An Act                      
relating to legislative ethics; and providing for an effective date and        
recommended it be replaced with                                                
                                                                               
CS FOR SENATE BILL NO. 141(RLS), entitled:                                    
An Act relating to legislative and executive branch                           
ethics; relating to the conduct of lobbyists with                              
respect to public officials; relating to campaigning                           
by state employees; relating to the filing of financial                        
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.                                           
                                                                               
Signing to calendar:  Senator Miller, Chair, Senators Pearce, Sharp.           
                                                                               
Fiscal notes for the Rules Committee Substitute published today from           
Department of Administration (2).                                              
                                                                               
The bill is on today's calendar.                                               
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3748
SB 265                                                                       
The Rules Committee considered SENATE BILL NO. 265 An Act                      
relating to receipts of commercial fisheries test fishing operations;          
and providing for an effective date.  Signing to calendar:  Senator            
Miller, Chair, Senators Sharp, Pearce, Duncan, Salo.                           
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 341                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
341(FIN) An Act relating to administrative adjudication and judicial           
appeals and to the informal resolution of certain factual disputes             
between taxpayers and the Department of Revenue; establishing the              
office of tax appeals as a quasi-judicial agency in the Department of          
Administration; revising the procedures for hearing certain tax                
appeals, including appeals regarding seafood marketing assessments;            
relating to consideration and determination by the superior court of           
disputes involving certain taxes and penalties due, and amending               
provisions relating to the assessment, levy, and collection of taxes           
and penalties by the state and to the tax liability of taxpayers;              
providing for the release of agency records relating to formal                 
administrative tax appeals; relating to litigation disclosure of public        
records; clarifying administrative subpoena power in certain tax               
matters; and providing for an effective date.  Signing to calendar:            
Senator Miller, Chair, Senators Sharp, Pearce, Duncan.  Signing                
under other recommendations:  Senator Salo.                                    
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 457                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
457(STA) An Act relating to the unlicensed practice of certain                 
occupations for which licenses are required.  Signing to calendar:             
Senator Miller, Chair, Senators Pearce, Salo.                                  
                                                                               
The bill is on today's calendar.                                               
                                                                               
                                   RECESS                                    
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in recess to a call of the Chair.  Without objection, the Senate         
recessed at 3:04 p.m.                                                          

1996-05-01                     Senate Journal                      Page 3749
                                AFTER RECESS                                 
                                                                               
The Senate reconvened at 4:01 p.m.                                             
                                                                               
Senator Phillips called the Senate.   The call was satisfied.                  
                                                                               
                                                                               
                     STANDING COMMITTEE REPORTS CONTINUED                    
                                                                               
                                                                               
SB 191                                                                       
The Rules Committee considered SENATE BILL NO. 191 An Act                      
relating to election campaigns, election campaign financing, the               
oversight and regulation of election campaigns by the Alaska Public            
Offices Commission, the activities of lobbyists that relate to election        
campaigns, and the definitions of offenses of campaign misconduct;             
and providing for an effective date.  Signing to calendar:  Senator            
Miller, Chair, Senators Pearce, Sharp, Salo.                                   
                                                                               
The bill is on today's calendar.                                               
                                                                               
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 141                                                                       
SENATE BILL NO. 141 An Act relating to legislative ethics; and                 
providing for an effective date was read the second time.                      
                                                                               
Senator Miller moved and asked unanimous consent for the adoption              
of the Rules Committee Substitute offered on page 3747.  Without               
objection, CS FOR SENATE BILL NO. 141(RLS) An Act relating                     
to legislative and executive branch ethics; relating to the conduct of         
lobbyists with respect to public officials; relating to campaigning by         
state employees; relating to the filing of financial 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 was adopted             
and read the second time.                                                      
                                                                               
Amendment No. 1 was not offered.                                               

1996-05-01                     Senate Journal                      Page 3750
SB 141                                                                       
Senators Donley, Miller offered Amendment No. 2:                               
                                                                               
Page 15, line 27, following "employee":                                        
	Insert "arising out of or relating to political, legislative, or              
public policy matters"                                                         
                                                                               
Page 16, line 11, following "employee":                                        
	Insert "arising out of or relating to political, legislative, or              
public policy matters"                                                         
                                                                               
Senator Donley moved for the adoption of Amendment No. 2.                      
Without objection, Amendment No. 2 was adopted.                                
                                                                               
Senator Miller offered Amendment No. 3:                                        
                                                                               
Page 35, line 17:                                                              
	Insert after AS 39.27.011:                                                    
	or at more than $4,200 per month;                                             
                                                                               
Page 35, line 21:                                                              
	Delete after section: .                                                       
	Insert , and does not include an employee who is a member                     
of a collective bargaining unit.                                               
                                                                               
Senator Miller moved for the adoption of Amendment No. 3.                      
Without objection, Amendment No. 3 was adopted.                                
                                                                               
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. 141(RLS) am was read the third time.                    
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 141(RLS)                      
am An Act relating to legislative and executive branch ethics;                 
relating to the conduct of lobbyists with respect to public officials;         
relating to campaigning by state employees; relating to the filing of          
financial 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              
pass the Senate?  The roll was taken with the following result:                

1996-05-01                     Senate Journal                      Page 3751
SB 141                                                                       
                                                                               
CSSB 141(RLS) am                                                               
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, CS FOR SENATE BILL NO. 141(RLS) am passed the                          
Senate.                                                                        
                                                                               
Senator Halford 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.                            
                                                                               
                                                                               
                       RECONSIDERATION OF SENATE BILLS                       
                                                                               
SB 141                                                                       
Senator Halford gave notice of reconsideration on CS FOR SENATE                
BILL NO. 141(RLS) am An Act relating to legislative and                        
executive branch ethics; relating to the conduct of lobbyists with             
respect to public officials; relating to campaigning by state                  
employees; relating to the filing of financial 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  and moved and asked                       
unanimous consent that it be taken up at this time.  Without                   
objection, it was so ordered.                                                  
                                                                               
CS FOR SENATE BILL NO. 141(RLS) am was before the Senate                       
in third reading on reconsideration.                                           
                                                                               
Senator Sharp moved and asked unanimous consent that the State                 
Affairs Committee Letter of Intent offered on page 3010 be adopted             
as a Senate Letter of Intent.  Without objection, the Senate Letter of         
Intent was adopted.                                                            
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3752
SB 141                                                                       
The question to be reconsidered: Shall CS FOR SENATE BILL                      
NO. 141(RLS) am An Act relating to legislative and executive                   
branch ethics; relating to the conduct of lobbyists with respect to            
public officials; relating to campaigning by state employees; relating         
to the filing of financial 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 pass the Senate?  The roll was taken with the                
following result:                                                              
                                                                               
CSSB 141(RLS) am                                                               
Third Reading - On Reconsideration                                             
Effective Date                                                                 
Letter of Intent                                                               
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, CS FOR SENATE BILL NO. 141(RLS) am passed the                          
Senate on reconsideration.                                                     
                                                                               
Senator Halford 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 with a Senate Letter of              
Intent.                                                                        
                                                                               
                  SECOND READING OF SENATE BILLS CONTINUED                   
                                                                               
SB 152                                                                       
SENATE BILL NO. 152 An Act relating to geographic differentials                
for the salaries of certain state employees who are not members of             
a collective bargaining unit; relating to periodic salary surveys and          
preparation of an annual pay schedule regarding certain state                  
employees; relating to certain state aid calculations based on                 
geographic differentials for state employee salaries; and providing for        
an effective date was not taken up this legislative day.                       
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3753
SB 191                                                                       
SENATE BILL NO. 191 An Act relating to election campaigns,                     
election campaign financing, the oversight and regulation of election          
campaigns by the Alaska Public Offices Commission, the activities              
of lobbyists that relate to election campaigns, and the definitions of         
offenses of campaign misconduct; and providing for an effective                
date was read the second time.                                                 
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Committee Substitute offered on page 3743.             
Without objection, CS FOR SENATE BILL NO. 191(FIN) An Act                      
relating to election campaigns, election campaign financing, the               
oversight and regulation of election campaigns, the activities of              
lobbyists that relate to election campaigns, the definitions of offenses       
of campaign misconduct, and to the use of the net proceeds of                  
charitable gaming activities in election campaigns; and providing for          
an effective date 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. 191(FIN) was read the third time.                       
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 191(FIN)                      
An Act relating to election campaigns, election campaign financing,            
the oversight and regulation of election campaigns, the activities of          
lobbyists that relate to election campaigns, the definitions of offenses       
of campaign misconduct, and to the use of the net proceeds of                  
charitable gaming activities in election campaigns; and providing for          
an effective date pass the Senate?  The roll was taken with the                
following result:                                                              
                                                                               
CSSB 191(FIN)                                                                  
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               

1996-05-01                     Senate Journal                      Page 3754
SB 191                                                                       
and so, CS FOR SENATE BILL NO. 191(FIN) passed the Senate.                     
                                                                               
Senator Halford 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.                            
                                                                               
                                                                               
                       RECONSIDERATION OF SENATE BILLS                       
                                                                               
SB 191                                                                       
Senator Halford gave notice of reconsideration on CS FOR SENATE                
BILL NO. 191(FIN) An Act relating to election campaigns, election              
campaign financing, the oversight and regulation of election                   
campaigns, the activities of lobbyists that relate to election                 
campaigns, the definitions of offenses of campaign misconduct, and             
to the use of the net proceeds of charitable gaming activities in              
election campaigns; and providing for an effective date and moved              
and asked unanimous consent that it be taken up at this time.                  
Without objection, it was so ordered.                                          
                                                                               
CS FOR SENATE BILL NO. 191(FIN) was before the Senate in                       
third reading on reconsideration.                                              
                                                                               
The question to be reconsidered: Shall CS FOR SENATE BILL                      
NO. 191(FIN) An Act relating to election campaigns, election                   
campaign financing, the oversight and regulation of election                   
campaigns, the activities of lobbyists that relate to election                 
campaigns, the definitions of offenses of campaign misconduct, and             
to the use of the net proceeds of charitable gaming activities in              
election campaigns; and providing for an effective date pass the               
Senate?  The roll was taken with the following result:                         
                                                                               
CSSB 191(FIN)                                                                  
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               

1996-05-01                     Senate Journal                      Page 3755
SB 191                                                                       
and so, CS FOR SENATE BILL NO. 191(FIN) passed the Senate on                   
reconsideration.                                                               
                                                                               
Senator Halford 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.                                     
                                                                               
                                                                               
                   SECOND READING OF SENATE BILLS CONTINUED                  
                                                                               
SB 215                                                                       
SENATE BILL NO. 215 An Act streamlining the functions of state                 
government, including authorizing the commissioner of fish and game            
to award grants for certain resource activities; allowing agents selling       
fish and game licenses and tags to retain certain compensation;                
authorizing the Department of Health and Social Services to award              
grants for certain services for developmentally delayed or disabled            
children; relating to rabies control and administration of flour and           
bread standards by the Department of Environmental Conservation;               
repealing the Athletic Commission, the regulation of boxing and                
wrestling, the certification of professional geologists, and the Water         
Resources Board; repealing certain filing statements and bonds for             
enforcement and collection of certain taxes; and providing for an              
effective date was not taken up this legislative day.                          
                                                                               
SB 216                                                                       
SENATE BILL NO. 216 An Act relating to fees or assessment of                   
costs for certain services provided by state government, including             
hearing costs related to the real estate surety fund; fees for                 
authorization to operate a postsecondary educational institution or for        
an agent's permit to perform services for a postsecondary educational          
institution; administrative fees for self-insurers in workers'                 
compensation; business license fees; fees for activities related to            
coastal zone management, training relating to emergency management             
response, regulation of  pesticides and broadcast chemicals, and               
subdivision plans for sewage waste disposal or treatment; and                  
providing for an effective date was not taken up this legislative day.         
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3756
SB 265                                                                       
SENATE BILL NO. 265 An Act relating to receipts of commercial                  
fisheries test fishing operations; and providing for an effective date         
was read the second time.                                                      
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Committee Substitute offered on page 3744.             
Without objection, CS FOR SENATE BILL NO. 265(FIN) An Act                      
relating to the definition of program receipts; and providing for an           
effective date 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. 265(FIN) was read the third time.                       
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 265(FIN)                      
An Act relating to the definition of program receipts; and providing           
for an effective date pass the Senate?  The roll was taken with the            
following result:                                                              
                                                                               
CSSB 265(FIN)                                                                  
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, CS FOR SENATE BILL NO. 265(FIN) passed the Senate.                     
                                                                               
Senator Halford 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.                                     
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3757
                        SENATE BILLS IN SECOND READING                       
                                                                               
SB 136                                                                       
CS FOR SENATE BILL NO. 136(FIN) An Act making and                              
amending appropriations; and providing for an effective date which             
had been returned to the Finance Committee from the Rules                      
Committee (page 3707) was before the Senate in second reading.                 
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Second Finance Committee Substitute offered on                 
page 3742.  Without objection, 2d CS FOR SENATE BILL NO.                       
136(FIN) An Act making, amending, and repealing appropriations;                
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 adopted and read the second                
time.                                                                          
                                                                               
Senator Adams offered Amendment No. 1:                                         
                                                                               
Page 19, lines 11-13:                                                          
	Delete all material.                                                          
                                                                               
Senator Adams moved for the adoption of Amendment No. 1.                       
Senator Green objected.                                                        
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
2d CSSB 136(FIN)                                                               
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3758
SB 136                                                                       
Senator Hoffman offered Amendment No. 2:                                       
                                                                               
Page 45, lines 16 and 17:                                                      
	Delete Koliganek New Powerhouse Upgrading Distribution                        
25,000                                                                         
                                                                               
Page 46, line 9:                                                               
	Delete 25,000                                                                 
	Insert  33,500                                                                
                                                                               
Senator Hoffman moved for the adoption of Amendment No. 2.                     
Senator Halford objected, then withdrew his objection.   There being           
no further objections, Amendment No. 2 was adopted.                            
                                                                               
Senator Pearce lifted the call.                                                
                                                                               
                                                                               
                                   RECESS                                    
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in recess to a call of the Chair.  Without objection, the Senate         
recessed at 5:00 p.m.                                                          
                                                                               
                                AFTER RECESS                                 
                                                                               
The Senate reconvened at 7:02 p.m.                                             
                                                                               
Senator Torgerson called the Senate.  The call was satisfied.                  
                                                                               
                                                                               
                   SENATE BILLS IN SECOND READING CONTINUED                  
                                                                               
SB 136                                                                       
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Senator Duncan objected.                                             
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3759
SB 136                                                                       
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
2d CSSB 136(FIN) am                                                            
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
2d CS FOR SENATE BILL NO. 136(FIN) am will appear on the                       
May 2 calendar.                                                                
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 59                                                                        
CS FOR HOUSE BILL NO. 59(RES) An Act relating to raffles and                   
auctions of certain permits to take big game; and providing for an             
effective date was read the second time.                                       
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Senate Committee Substitute offered on page            
3590.  Senator Taylor objected.                                                
                                                                               
The question being: Shall the Finance Senate Committee Substitute              
be adopted?  The roll was taken with the following result:                     
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3760
HB 59                                                                        
                                                                               
CSHB 59(RES)                                                                   
Second Reading                                                                 
Adopt Finance Senate Committee Substitute?                                     
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Donley, Ellis, Frank, Green, Halford, Kelly, Miller, R.Phillips,        
Sharp, Torgerson                                                               
                                                                               
Nays:  Adams, Duncan, Hoffman, Leman, Lincoln, Pearce, Rieger,                 
Salo, Taylor, Zharoff                                                          
                                                                               
and so, the Finance Senate Committee Substitute failed to be                   
adopted.                                                                       
                                                                               
Senator Leman moved and asked unanimous consent for the adoption               
of the Resources Senate Committee Substitute offered on page 3358.             
Senator Halford objected.                                                      
                                                                               
The question being: Shall the Resources Senate Committee                       
Substitute be adopted?  The roll was taken with the following                  
result:                                                                        
                                                                               
CSHB 59(RES)                                                                   
Second Reading                                                                 
Adopt Resources Senate Committee Substitute?                                   
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Hoffman, Leman, Miller, Pearce, Rieger,                  
Taylor                                                                         
                                                                               
Nays:  Donley, Ellis, Frank, Green, Halford, Kelly, Lincoln,                   
R.Phillips, Salo, Sharp, Torgerson, Zharoff                                    
                                                                               
and so, the Resources Senate Committee Substitute failed to be                 
adopted.                                                                       
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
rescind its previous action in failing to adopt the Finance Senate             
Committee Substitute.  Senator Duncan objected.                                
                                                                               

1996-05-01                     Senate Journal                      Page 3761
HB 59                                                                        
The question being: Shall the Senate rescind its previous action in            
failing to adopt the Finance Senate Committee Substitute?  The roll            
was taken with the following result:                                           
                                                                               
CSHB 59(RES)                                                                   
Rescind Previous Action                                                        
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Sharp, Taylor, Torgerson, Zharoff                                              
                                                                               
Nays:  Salo                                                                    
                                                                               
and so, the Senate rescinded its previous action.                              
                                                                               
The question being: Shall the Finance Senate Committee Substitute              
be adopted?  The roll was taken with the following result:                     
                                                                               
CSHB 59(RES)                                                                   
Adopt Finance Senate Committee Substitute?                                     
                                                                               
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Frank, Green, Halford, Hoffman, Kelly,            
Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor,             
Torgerson                                                                      
                                                                               
Nays:  Duncan, Salo, Zharoff                                                   
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN) 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.  Senator Ellis objected.                                              
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3762
HB 59                                                                        
                                                                               
SCS CSHB 59(FIN)                                                               
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN) will appear                        
on the May 2 calendar.                                                         
                                                                               
HB 75                                                                        
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN)                           
An Act relating to vehicle theft and the consequences of vehicle               
theft, including revocation of a driver's license, privilege to drive, or      
privilege to obtain a license; amending Rule 32.1, Alaska Rules of             
Criminal Procedure; and providing for an effective date was read               
the second time.                                                               
                                                                               
Senators Phillips, Pearce, Green, Miller, Salo, Taylor, Sharp moved            
and asked unanimous consent that they be shown as cross sponsors               
on the bill.  Without objection, it was so ordered.                            
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
advanced to third reading and placed on final passage.  Senator                
Duncan objected.                                                               
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3763
HB 75                                                                        
                                                                               
CS SSHB 75(FIN)                                                                
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN)                           
will appear on the May 2 calendar.                                             
                                                                               
HB 341                                                                       
CS FOR HOUSE BILL NO. 341(FIN) An Act relating to                              
administrative adjudication and judicial appeals and to the informal           
resolution of certain factual disputes between taxpayers and the               
Department of Revenue; establishing the office of tax appeals as a             
quasi-judicial agency in the Department of Administration; revising            
the procedures for hearing certain tax appeals, including appeals              
regarding seafood marketing assessments; relating to consideration             
and determination by the superior court of disputes involving certain          
taxes and penalties due, and amending provisions relating to the               
assessment, levy, and collection of taxes and penalties by the state           
and to the tax liability of taxpayers; providing for the release of            
agency records relating to formal administrative tax appeals; relating         
to litigation disclosure of public records; clarifying administrative          
subpoena power in certain tax matters; and providing for an effective          
date was read the second time.                                                 
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Senate Committee Substitute offered on page            
3721.  Senator Adams objected, then withdrew his objection.   There            
being no further objections, SENATE CS FOR CS FOR HOUSE                        
BILL NO. 341(FIN) was adopted and read the second time.                        
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3764
HB 341                                                                       
Senators Salo, Donley, Halford, Taylor, Kelly, Torgerson, Leman                
moved and asked unanimous consent that they be shown as cross                  
sponsors on the bill.  Without objection, it was so ordered.                   
                                                                               
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.                                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 341(FIN) was read                          
the third time.                                                                
                                                                               
The question being: Shall SENATE CS FOR CS FOR HOUSE                           
BILL NO. 341(FIN) An Act relating to administrative adjudication               
and judicial appeals and to the informal resolution of certain factual         
disputes between taxpayers and the Department of Revenue;                      
establishing the office of tax appeals as a quasi-judicial agency in           
the Department of Administration; revising the procedures for hearing          
certain tax appeals, including appeals regarding seafood marketing             
assessments; relating to consideration and determination by the                
superior court of disputes involving certain taxes and penalties due,          
and amending provisions relating to the assessment, levy, and                  
collection of taxes and penalties by the state and to the tax liability        
of taxpayers; providing for the release of agency records relating to          
formal administrative tax appeals; relating to litigation disclosure of        
public records; clarifying administrative subpoena power in certain            
tax matters; and providing for an effective date pass the Senate?              
The roll was taken with the following result:                                  
                                                                               
SCS CSHB 341(FIN)                                                              
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Frank, Green, Halford, Kelly,                    
Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp,               
Taylor, Torgerson, Zharoff                                                     
                                                                               
Nays:  Ellis, Hoffman                                                          
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 341(FIN)                           
passed the Senate.                                                             

1996-05-01                     Senate Journal                      Page 3765
HB 341                                                                       
Senator Halford 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 352                                                                       
HOUSE BILL NO. 352 An Act giving notice of and approving a                     
lease-purchase agreement with the City of Palmer for a fire                    
management facility at the Palmer Airport was read the second                  
time.                                                                          
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Senate Committee Substitute offered on page            
3688.  Without objection, SENATE CS FOR HOUSE BILL NO.                         
352(FIN) An Act giving notice of and approving a lease-purchase                
agreement with the City of Palmer for a fire management facility at            
the Palmer Airport; and providing for an effective date 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.  Senator Duncan objected.                                             
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
SCS HB 352(FIN)                                                                
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
SENATE CS FOR HOUSE BILL NO. 352(FIN) will appear on the                       
May 2 calendar.                                                                
                                                                               

1996-05-01                     Senate Journal                      Page 3766
HB 370                                                                       
CS FOR HOUSE BILL NO. 370(JUD) An Act relating to the                          
provision of legal services at public expense was read the second              
time.                                                                          
                                                                               
Senator Taylor moved and asked unanimous consent for the adoption              
of the Judiciary Senate Committee Substitute offered on page 2864.             
Senator Duncan objected.                                                       
                                                                               
The question being: Shall the Judiciary Senate Committee Substitute            
be adopted? The roll was taken with the following result:                      
                                                                               
CSHB 370(JUD)                                                                  
Second Reading                                                                 
Adopt Judiciary Senate Committee Substitute?                                   
                                                                               
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman,                  
Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor,                
Torgerson, Zharoff                                                             
                                                                               
Nays:  Adams, Kelly, Lincoln                                                   
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 370(JUD)                           
was adopted and read the second time.                                          
                                                                               
Senator Zharoff offered Amendment No. 1:                                       
                                                                               
Page 1, following line 2:                                                      
	Insert a new bill section to read:                                            
   "* Section 1.  AS 18.85 is amended by adding a new section to             
read:                                                                          
	Sec. 18.85.095. SERVICES TO PERSONS NOT                                       
REPRESENTED BY AGENCY.  In the discretion of the public                        
defender, the public defender and the staff of the agency may                  
respond to questions from members of the public concerning the                 
involvement of those persons with the criminal justice system of this          
state and may provide information and options concerning the rights,           
duties, and liabilities of persons in relation to the criminal justice         
system.  In  responding  to questions  under  this section, the public         
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3767
HB 370                                                                       
defender and staff of the agency may not present themselves as the             
attorney of the person, may not represent themselves to other persons          
as the attorney of the person, and may not undertake the                       
representation of a person except when appointed by a court under              
this chapter."                                                                 
                                                                               
Page 1, line 3:                                                                
	Delete "* Section 1."                                                       
	Insert "* Sec. 2."                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 1.                     
Senator Halford objected.                                                      
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 370(JUD)                                                              
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Senator Ellis objected.                                              
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3768
HB 370                                                                       
                                                                               
SCS CSHB 370(JUD)                                                              
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 370(JUD) will                              
appear on the May 2 calendar.                                                  
                                                                               
HB 457                                                                       
CS FOR HOUSE BILL NO. 457(STA) An Act relating to the                          
unlicensed practice of certain occupations for which licenses are              
required was read the second time.                                             
                                                                               
Senator Taylor moved and asked unanimous consent for the adoption              
of the Judiciary Senate Committee Substitute offered on page 3704.             
Senator Kelly objected.                                                        
                                                                               
Senator Halford moved and asked unanimous consent that CS FOR                  
HOUSE BILL NO. 457(STA) be referred to the Finance Committee.                  
Senator Taylor objected.                                                       
                                                                               
The question being:  Shall the bill be referred to the Finance                 
Committee?  The roll was taken with the following result:                      
                                                                               
CSHB 457(STA)                                                                  
Second Reading                                                                 
Add Finance Referral                                                           
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Frank, Halford, Hoffman, Miller,                  
Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff                    
                                                                               
Nays:  Donley, Green, Kelly, Leman, Lincoln, Taylor                            
                                                                               

1996-05-01                     Senate Journal                      Page 3769
HB 457                                                                       
and so, CS FOR HOUSE BILL NO. 457(STA) was referred to the                     
Finance Committee.                                                             
                                                                               
HB 480                                                                       
CS FOR HOUSE BILL NO. 480(HES) An Act relating to physician                    
assistants 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. 480(HES) was read the third time.                        
                                                                               
The question being: Shall CS FOR HOUSE BILL NO. 480(HES)                       
An Act relating to physician assistants pass the Senate?  The roll             
was taken with the following result:                                           
                                                                               
CSHB 480(HES)                                                                  
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, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, CS FOR HOUSE BILL NO. 480(HES) passed the Senate,                      
was signed by the President and Secretary and returned to the House.           
                                                                               
                                                                               
                     SENATE RESOLUTIONS IN SECOND READING                    
                                                                               
SCR 21                                                                       
SENATE CONCURRENT RESOLUTION NO. 21 Suspending                                 
Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State                  
Legislature concerning House Bill No. 292, relating to searches by             
peace officers who enforce fish and game laws, to false statements             
and omissions in regard to application for fish and game licenses,             
tags, and permits, and to nonresident hunters, which had been held             
in second reading (page 3724) was before the Senate on final                   
passage.                                                                       
                                                                               

1996-05-01                     Senate Journal                      Page 3770
President Pearce lifted the call.                                              
                                                                               
                                                                               
                                   RECESS                                    
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in recess to a call of the Chair.  Without objection, the Senate         
recessed at 8:57 p.m.                                                          
                                                                               
                                AFTER RECESS                                 
                                                                               
The Senate reconvened at 9:18 p.m.                                             
                                                                               
President Pearce called the Senate.  The call was satisfied.                   
                                                                               
                                                                               
                     SENATE RESOLUTIONS IN SECOND READING                    
                                  CONTINUED                                  
                                                                               
SCR 21                                                                       
The question being: Shall SENATE CONCURRENT RESOLUTION                         
NO. 21 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the             
Alaska State Legislature concerning House Bill No. 292, relating to            
searches by peace officers who enforce fish and game laws, to false            
statements and omissions in regard to application for fish and game            
licenses, tags, and permits, and to nonresident hunters, pass the              
Senate?  The roll was taken with the following result:                         
                                                                               
SCR 21                                                                         
Second Reading - Final Passage                                                 
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
and so, SENATE CONCURRENT RESOLUTION NO. 21 failed.                            
                                                                               
Senator Halford gave notice of reconsideration.                                
                                                                               

1996-05-01                     Senate Journal                      Page 3771
                        HOUSE BILLS IN SECOND READING                        
                                                                               
HB 292                                                                       
Senator Halford moved and asked unanimous consent that SENATE                  
CS FOR CS FOR HOUSE BILL NO. 292(RLS) An Act relating to                       
false statements and omissions in regard to application for fish and           
game licenses, tags, and permits and to nonresident hunters be held            
to the May 2 calendar.  Without objection, it was so ordered.                  
                                                                               
                                                                               
                        SENATE BILLS IN THIRD READING                        
                                                                               
SB 64                                                                        
Senator Halford moved and asked unanimous consent that CS FOR                  
SENATE BILL NO. 64(FIN) am An Act relating to the sale of the                  
Alaska Railroad; and providing for an effective date be held to the            
May 2 calendar.  Without objection, it was so ordered.                         
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 104                                                                       
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                              
BILL NO. 104(FIN) An Act relating to disclosures of information                
about certain minors which had been held (page 3725) was read the              
third time.                                                                    
                                                                               
Senator Leman moved and asked unanimous consent that he be                     
shown as a cross sponsor on the bill.  Without objection, it was so            
ordered.                                                                       
                                                                               
The question being: Shall SENATE CS FOR CS FOR SPONSOR                         
SUBSTITUTE FOR HOUSE BILL NO. 104(FIN) An Act relating                         
to disclosures of information about certain minors pass the Senate?            
The roll was taken with the following result:                                  
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3772
HB 104                                                                       
                                                                               
SCS CS SSHB 104(FIN)                                                           
Third Reading - Final Passage                                                  
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson                             
                                                                               
Nays:  Adams, Duncan, Ellis, Hoffman, Lincoln, Zharoff                         
                                                                               
and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR                            
HOUSE BILL NO. 104(FIN) passed the Senate.                                     
                                                                               
Senator Ellis gave notice of reconsideration.                                  
                                                                               
HB 158                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) An Act                            
relating to civil actions; amending Rules 13(e), 68, 79(b), 82(b), and         
95, Alaska Rules of Civil Procedure which had been held (page                  
3725) was read the third time.                                                 
                                                                               
Amendment No. 4 was not offered.                                               
                                                                               
Senator Miller moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 5.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Miller offered Amendment No. 5:                                        
                                                                               
Page 14, line 12:                                                              
	Delete "nonparty"                                                             
	Insert "party attorney"                                                       
                                                                               
Page 14, line 14:                                                              
	Delete "representative of a party"                                            
	Insert "party's attorney"                                                     
                                                                               
Page 15, line 1, add a new subsection:                                         
	(h) Neither the state, nor an agent or employee of the state                  
acting within the scope of that agency or employment, is subject to            
liability under this section.                                                  

1996-05-01                     Senate Journal                      Page 3773
HB 158                                                                       
Senator Miller moved for the adoption of Amendment No. 5.                      
Senator Adams objected.                                                        
                                                                               
The question being: Shall Amendment No. 5 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 158(RLS)                                                              
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
and so, Amendment No. 5 was adopted.                                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) am S was                          
automatically in third reading.                                                
                                                                               
Senator Rieger moved and asked unanimous consent that the Senate               
return to second reading for the purpose of rescinding its previous            
action in failing to adopt Amendment No. 3 (page 3664).  Without               
objection, it was so ordered.                                                  
                                                                               
Senator Rieger moved that the Senate rescind its previous action in            
failing to adopt Amendment No. 3.  Without objection, the Senate               
rescinded its previous action.                                                 
                                                                               
The question being:  Shall Amendment No. 3 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3774
HB 158                                                                       
                                                                               
SCS CSHB 158(RLS) am S                                                         
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Torgerson                                           
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Taylor, Zharoff                                                                
                                                                               
and so, Amendment No. 3 was adopted.                                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) am S was                          
automatically in third reading.                                                
                                                                               
Amendment No. 6 was not offered.                                               
                                                                               
Senator Phillips moved that the bill be returned to second reading for         
the purpose of a specific amendment, that being Amendment No. 7.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Phillips offered Amendment No. 7:                                      
                                                                               
Page 1, line 2, following "Procedure":                                       
	Insert "; and providing for an effective date"                              
                                                                               
Page 5, following line 18:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 4.  AS09.10.055 is repealed and reenacted to read:                
	Sec. 09.10.055.  STATUTE OF REPOSE FOR                                        
IMPROVEMENTS TO REAL PROPERTY.  (a)  Notwithstanding                           
AS09.10.140, a person may not bring an action for personal injury,             
death, or property damage, if the action is based on a defect in the           
design, planning, supervision, construction, or inspection or                  
observation of construction of an improvement to real property unless          
the action is brought within 15 years of the date of substantial               
completion of the improvement.                                                 
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3775
HB 158                                                                       
	(b)  Notwithstanding (a) of this section, if personal injury,                 
death, or property damage occurs in the 15th year after substantial            
completion of the improvement, a person may bring a negligence                 
action to recover damages if the negligence action is brought within           
one year after the date on which the personal injury, death, or                
property damage occurs.                                                        
	(c)  This section does not apply                                              
		(1)  to an action against a person who was in actual                         
possession and lawful control of the improvement at the time the               
defect caused the personal injury, death, or property damage;                  
		(2)  if the personal injury, death, or property damage                       
was caused intentionally or resulted from gross negligence, fraud,             
fraudulent concealment, fraudulent misrepresentation, or breach of an          
express warranty or guarantee; or                                              
		(3)  if a longer period of time for bringing the                             
action was provided under a contract.                                          
	(d)  In this section, "substantial completion" means the date                 
when construction is sufficiently completed to allow the owner or a            
person authorized by the owner to occupy the improvement or use                
the improvement in the manner for which it was intended."                      
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 5, following line 28:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 6.  AS09.10.070 is repealed and reenacted to read:                
	Sec. 09.10.070.  ACTIONS FOR TORTS AND CERTAIN                                
STATUTORY LIABILITIES TO BE BROUGHT IN TWO YEARS.                              
A person may not bring an action (1) for libel, slander, assault,              
battery, seduction, false imprisonment, or for any injury to the person        
or rights of another not arising on contract and not specifically              
provided otherwise; (2) upon a statute for a forfeiture or penalty to          
the state; or (3) upon a liability created by statute, other than a            
penalty or forfeiture, unless the action is commenced within two               
years."                                                                        
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3776
HB 158                                                                       
Page 7, following line 2:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 9.  AS09.17.010  is repealed and reenacted to read:               
	Sec. 09.17.010.  NONECONOMIC DAMAGES.  (a)  In an                             
action to recover damages for personal injury based on negligence,             
damages for noneconomic losses shall be limited to compensation for            
pain, suffering, inconvenience, physical impairment, disfigurement,            
loss of enjoyment of life, and other nonpecuniary damage.                      
	(b)  The amount of damages awarded by a court or a jury                       
under (a) of this section may not exceed $500,000 for each claim               
based on a separate incident or injury.                                        
	(c)  The limit under (b) of this section does not apply to                    
damages for disfigurement or severe physical impairment."                      
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 7, following line 7:                                                      
	Insert a new bill section to read:                                            
   "* Sec.  11.  AS09.17.020 is repealed and reenacted to read:              
	Sec. 09.17.020.  PUNITIVE DAMAGES.  Punitive damages                          
may not be awarded in an action, whether in tort, contract, or                 
otherwise, unless supported by clear and convincing evidence."                 
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 7, following line 29:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 14.  AS09.17.040(e) is repealed and reenacted to read:            
	(e)  The court may require security be posted in order to                     
ensure that funds are available as periodic payments become due.               
The court may not require security to be posted if an authorized               
insurer, as defined in AS21.90.900, acknowledges to the court its              
obligation to discharge the judgment."                                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3777
HB 158                                                                       
Page 8, following line 11:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 16.   AS09.17.040(f) is repealed and reenacted to read:           
	(f)  A judgment ordering payment of future damages by                         
periodic payment shall specify the recipient, the dollar amount of the         
payments, the interval between payments, and the number of                     
payments or the period of time over which payments shall be made.              
Payments may be modified only in the event of the death of the                 
judgment creditor, in which case payments may not be reduced or                
terminated, but shall be paid to persons to whom the judgment                  
creditor owed a duty of support, as provided by law, immediately               
before death.  In the event the judgment creditor owed no duty of              
support to dependents at the time of the judgment creditor's death,            
the money remaining shall be distributed in accordance with a will             
of the deceased judgment creditor accepted into probate or under the           
intestate laws of the state if the deceased had no will."                      
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 8, following line 25:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 18.  AS09.17.080(a) is repealed and reenacted to read:            
	(a)  In all actions involving fault of more than one party to                 
the action, including third-party defendants and persons who have              
been released, the court, unless otherwise agreed by all parties, shall        
instruct the jury to answer special interrogatories or, if there is no         
jury, shall make findings, indicating                                          
		(1)  the amount of damages each claimant would be                            
entitled to recover if contributory fault is disregarded; and                  
		(2)  the percentage of the total fault of all of the                         
parties to each claim that is allocated to each claimant, defendant,           
third-party defendant, and person who has been released from                   
liability."                                                                    
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3778
HB 158                                                                       
Page 9, following line 5:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 20.  AS09.17.080(c) is repealed and reenacted to read:            
	(c) The court shall determine the award of damages to each                    
claimant in accordance with the findings, and enter judgment against           
each party liable.  The court also shall determine and state in the            
judgment each party's equitable share of the obligation to each                
claimant in accordance with the respective percentages of fault."              
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 9, following line 29:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 23.  AS09.30.065 is repealed and reenacted to read:               
	Sec. 09.30.065.  OFFERS OF JUDGMENT.  At any time                             
more than 10 days before the trial begins either the party making a            
claim or the party defending against a claim may serve upon the                
adverse party an offer to allow judgment to be entered in complete             
satisfaction of the claim for the money or property or to the effect           
specified in the offer, with costs then accrued.  If within 10 days            
after the service of the offer the adverse party serves written notice         
that the offer is accepted, either party may then file the offer and           
notice of acceptance together with proof of service, and the clerk             
shall enter judgment.  An offer not accepted within 10 days is                 
considered withdrawn and evidence of that offer is not admissible              
except in a proceeding to determine the form of judgment after                 
verdict.  If the judgment finally entered on the claim as to which an          
offer has been made under this section is not more favorable to the            
offeree than the offer, the interest awarded under AS09.30.070 and             
accrued up to the date judgment is entered shall be adjusted as                
follows:                                                                       
		(1)  if the offeree is the party making the claim, the                       
interest rate shall be reduced by five percent a year;                         
		(2)  if the offeree is the party defending against the                       
claim, the interest rate shall be increased by five percent a year."           
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3779
HB 158                                                                       
Page 10, following line 7:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 25.  AS09.30.070(a) is repealed and reenacted to read:            
	(a)  The rate of interest on judgments and decrees for the                    
payment of money is 10.5 percent a year, except that a judgment or             
decree founded on a contract in writing, providing for the payment             
of interest until paid at a specified rate not exceeding the legal rate        
of interest for that type of contract, bears interest at the rate              
specified in the contract if the interest rate is set out in the judgment      
or decree."                                                                    
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 15, following line 12:                                                    
	Insert a new bill section to read:                                            
   "* Sec. 32.  AS09.65.210 is repealed and reenacted to read:               
	Sec. 09.65.210.  DAMAGES RESULTING FROM                                       
COMMISSION OF A FELONY.  A person who suffers personal                         
injury or death may not recover damages for the personal injury or             
death if the injuries or death occurred while the person was engaged           
in the commission of a felony, the person has been convicted of the            
felony, including conviction based on a guilty plea or plea of nolo            
contendere, and the felony substantially contributed to the injury or          
death.  This section does not affect a right of action under 42 U.S.C.         
1983."                                                                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 16, following line 5:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 34.  AS05.50; AS09.10.075; AS09.17.020(b),                        
09.17.020(c), 09.17.020(d), 09.17.091; AS09.55.551, 09.55.560(4),              
09.55.700; AS09.65.096, 09.65.190; and AS09.68.125 are repealed."              
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 16, line 6:                                                               
	Delete "sec. 14"                                                              
	Insert "secs. 22 and 23"                                                      
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3780
HB 158                                                                       
Page 16, line 9:                                                               
	Delete "sec. 18"                                                              
	Insert "sec. 28"                                                              
                                                                               
Page 16, line 12:                                                              
	Delete "sec. 18"                                                              
	Insert "sec. 28"                                                              
                                                                               
Page 16, line 15:                                                              
	Delete "sec. 20"                                                              
	Insert "sec. 30"                                                              
                                                                               
Page 16, line 18:                                                              
	Delete "sec. 20"                                                              
	Insert "sec. 30"                                                              
                                                                               
Page 16, line 21:                                                              
	Delete "sec. 22"                                                              
	Insert "sec. 33"                                                              
                                                                               
Page 16, line 27:                                                              
	Delete "Sections 7 and 8"                                                     
	Insert "Sections 10 and 12"                                                   
                                                                               
Page 16, line 28, following "of":                                              
	Insert "secs. 10 and 12 of"                                                   
                                                                               
Page 16, line 29:                                                              
	Following "date":                                                             
	Insert "of secs. 10 and 12"                                                   
	Delete "secs. 7 and 8 of this Act, this"                                      
	Insert "secs. 10 and 12 of this Act, each section of this"                    
                                                                               
Page 16, line 30, following "date":                                            
	Insert "of that section"                                                      
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3781
HB 158                                                                       
Page 16, following line 30:                                                    
	Insert new bill sections to read:                                             
   "* Sec. 43.  Sections 4, 6, 9, 11, 14, 16, 18, 20, 23,  25, 32, and       
34 of this Act take effect only if the director of the division of             
insurance fails to certify to the revisor of statutes on or before June        
30, 2001, that the liability insurance rates filed with the division of        
insurance on July 1, 1996, have been reduced by at least 10 percent            
as of June1, 2001.  The director of the division of insurance shall            
promptly certify to the revisor of statutes if liability insurance rates       
decrease by 10 percent or more as described under this section.  In            
this section, "liability insurance" has the meaning given in                   
AS21.12.070(a)(2).                                                             
   * Sec. 44.  If secs. 4, 6, 9, 11, 14, 16, 18, 20, 23, 25, 32, and 34      
of this Act take effect, they take effect July1, 2001."                        
                                                                               
Senator Phillips moved for the adoption of Amendment No. 7.                    
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 7 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 158(RLS) am S                                                         
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Lincoln, R.Phillips, Salo,                
Taylor, Zharoff                                                                
                                                                               
Nays:  Frank, Green, Halford, Hoffman, Kelly, Leman, Miller,                   
Pearce, Rieger, Sharp, Torgerson                                               
                                                                               
and so, Amendment No. 7 failed.                                                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) am S was                          
automatically in third reading.                                                
                                                                               
Senator Phillips moved that the bill be returned to second reading for         
the purpose of a specific amendment, that being Amendment No. 8.               
Without objection, the bill was returned to second reading.                    
                                                                               

1996-05-01                     Senate Journal                      Page 3782
HB 158                                                                       
Senator Phillips offered Amendment No. 8:                                      
                                                                               
Page 16, following line 23:                                                    
	Insert a new bill section to read:                                            
   "* Sec. 29.  REPORT.  The director of the division of insurance           
shall determine the effects of this Act on the liability insurance rates       
in this state and shall present a report of the director's findings to         
the legislature by January 1, 1998.  In this section, "liability               
insurance" has the meaning given in AS 21.12.070(a)(2)."                       
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Phillips moved for the adoption of Amendment No. 8.                    
Without objection, Amendment No. 8 was adopted.                                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) am S was                          
automatically in third reading.                                                
                                                                               
The question being: Shall SENATE CS FOR CS FOR HOUSE                           
BILL NO. 158(RLS) am S An Act relating to civil actions;                       
amending Rules 13(e), 68, 79(b), 82(b), and 95, Alaska Rules of                
Civil Procedure pass the Senate?  The roll was taken with the                  
following result:                                                              
                                                                               
SCS CSHB 158(RLS) am S                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Torgerson                                           
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Taylor, Zharoff                                                                
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS)                           
passed the Senate.                                                             
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3783
HB 158                                                                       
Senator Halford moved for the adoption of the Court Rule changes.              
The question being:  Shall the Court Rule changes be adopted?                  
The roll was taken with the following result:                                  
                                                                               
SCS CSHB 158(RLS) am S                                                         
Adopt Court Rule Changes?                                                      
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Torgerson                                           
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Taylor, Zharoff                                                                
                                                                               
and so, the Court Rule changes failed.                                         
                                                                               
Senator Phillips gave notice of reconsideration.                               
                                                                               
HB 272                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 272(FIN) An Act                            
relating to municipal taxation of motor vehicles; and providing for            
an effective date which had been held (page 3725) was read the                 
third time.                                                                    
                                                                               
Senator Torgerson moved that the bill be returned to second reading            
for the purpose of a specific amendment, that being Amendment No.              
1.  Without objection, the bill was returned to second reading.                
                                                                               
Senator Torgerson offered Amendment No. 1:                                     
                                                                               
Page 1, lines 4 through 11:                                                    
	Delete Section 1                                                              
Renumber remaining Sections accordingly.                                       
                                                                               
Senator Torgerson moved for the adoption of Amendment No. 1.                   
Senator Rieger objected.                                                       
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3784
HB 272                                                                       
Senator Torgerson moved and asked unanimous consent to withdraw                
his motion for the adoption of Amendment No. 1.  Without                       
objection, it was so ordered.                                                  
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 272(FIN) was                               
automatically in third reading.                                                
                                                                               
Senator Torgerson moved that the bill be returned to second reading            
for the purpose of a specific amendment, that being Amendment No.              
2.  Without objection, the bill was returned to second reading.                
                                                                               
Senators Torgerson, Rieger offered Amendment No. 2:                            
                                                                               
Page 1, lines 4 through 11:                                                    
	Delete Section 1                                                              
                                                                               
Renumber remaining Sections accordingly.                                       
                                                                               
Add a new subsection to AS 28.10.431 to read as follows:                       
	A vehicle registration application and renewal application                    
for vehicles subject to a municipal vehicle registration tax shall             
itemize the total amount due in a manner which separately shows the            
amount of vehicle registration tax imposed by the municipality                 
                                                                               
Senator Torgerson moved for the adoption of Amendment No. 2.                   
Senator Donley objected.                                                       
                                                                               
Senator Donley moved that Amendment No. 2 be divided as follows:               
                                                                               
Amendment No. 2, part A:                                                       
                                                                               
Page 1, lines 4 through 11,                                                    
	Delete Section 1                                                              
                                                                               
Renumber remaining Sections accordingly.                                       
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3785
HB 272                                                                       
Amendment No. 2, part B:                                                       
                                                                               
Add a new subsection to AS 28.10.431 to read as follows:                       
	A vehicle registration application and renewal application                    
for vehicles subject to a municipal vehicle registration tax shall             
itemize the total amount due in a manner which separately shows the            
amount of vehicle registration tax imposed by the municipality                 
                                                                               
Senator Frank objected.                                                        
                                                                               
The question being: Shall Amendment No. 2 be divided? The roll                 
was taken with the following result:                                           
                                                                               
SCS CSHB 272(FIN)                                                              
Second Reading                                                                 
Amendment No. 2                                                                
Divide Question                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 2 failed to be divided.                                  
                                                                               
The question being: Shall Amendment No. 2 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 272(FIN)                                                              
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Frank, Green, Halford, Hoffman, Leman,                   
Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor,              
Torgerson, Zharoff                                                             
                                                                               
Nays:  Donley, Ellis, Kelly                                                    
                                                                               

1996-05-01                     Senate Journal                      Page 3786
HB 272                                                                       
and so, Amendment No. 2 was adopted.                                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 272(FIN) am S was                          
automatically in third reading.                                                
                                                                               
The question being: Shall SENATE CS FOR CS FOR HOUSE                           
BILL NO. 272(FIN) am S An Act relating to municipal taxation of                
motor vehicles; and providing for an effective date pass the                   
Senate?  The roll was taken with the following result:                         
                                                                               
SCS CSHB 272(FIN) am S                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Hoffman, Leman, Miller, Pearce, Salo,            
Sharp, Taylor, Torgerson                                                       
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kelly, Lincoln, R.Phillips,               
Rieger, Zharoff                                                                
                                                                               
Lincoln changed from "Yea" to "Nay".                                           
Taylor changed from "Nay" to "Yea".                                            
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 272(FIN) am                        
S passed the Senate.                                                           
                                                                               
Senator Halford moved the effective date clause.                               
                                                                               
The question being: Shall the effective date clause be adopted?                
The roll was taken with the following result:                                  
                                                                               
SCS CSHB 272(FIN) am S                                                         
Effective Date Vote                                                            
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly,                   
Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp,               
Taylor, Torgerson, Zharoff                                                     
                                                                               
Nays:  Donley, Ellis                                                           
                                                                               
and so, the effective date clause was adopted.                                 

1996-05-01                     Senate Journal                      Page 3787
HB 272                                                                       
Senator Hoffman gave notice of reconsideration.                                
                                                                               
HB 393                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 393(HES) which had                         
been held (page 3726) was read the third time.                                 
                                                                               
The question being: Shall SENATE CS FOR CS FOR HOUSE                           
BILL NO. 393(HES) An Act relating to managed care for recipients               
of medical assistance; and providing for an effective date pass the            
Senate?  The roll was taken with the following result:                         
                                                                               
SCS CSHB 393(HES)                                                              
Third Reading - Final Passage                                                  
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 393(HES)                           
passed the Senate.                                                             
                                                                               
Senator Halford moved the effective date clause.                               
                                                                               
The question being: Shall the effective date clause be adopted?                
The roll was taken with the following result:                                  
                                                                               
SCS CSHB 393(HES)                                                              
Effective Date Vote                                                            
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, the effective date clause was adopted.                                 
                                                                               
Senator Donley gave notice of reconsideration.                                 
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3788
HB 497                                                                       
HOUSE BILL NO. 497 which had been held (page 3726) was read                    
the third time.                                                                
                                                                               
The question being: Shall HOUSE BILL NO. 497 An Act relating                   
to chiropractic peer review; and providing for an effective date pass          
the Senate?  The roll was taken with the following result:                     
                                                                               
HB 497                                                                         
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, HOUSE BILL NO. 497 passed the Senate.                                  
                                                                               
Senator Halford 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.               
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
In Memoriam - Arthur Hirth, Jr.                                                
Representative(s) G. Phillips                                                  
Senator(s) Torgerson, Pearce, Kelly, Taylor, Lincoln, Duncan, Salo             
                                                                               
In Memoriam - Jack Christiansen, Sr.                                           
Senator(s) Zharoff, Pearce, Kelly, Taylor, Lincoln, Duncan                     
Representative(s) Austerman                                                    
                                                                               
In Memoriam - Larry Edward Larionoff                                           
Senator(s) Zharoff, Pearce, Kelly, Taylor, Lincoln, Duncan                     
Representative(s) Austerman                                                    
                                                                               
Senator Halford moved and asked unanimous consent that the                     
citations be adopted.  Without objection, the citations were adopted           
and referred to the Secretary for transmittal.                                 

1996-05-01                     Senate Journal                      Page 3789
                             UNFINISHED BUSINESS                             
                                                                               
HB 4                                                                         
Senator Taylor moved and asked unanimous consent that he be                    
shown as a cross sponsor on CS FOR HOUSE BILL NO.                              
4(STA)(title am) An Act allowing, for the purposes of permanent                
fund dividend eligibility, an individual to accompany, as the spouse           
or minor or disabled dependent, another eligible resident who is               
absent for vocational, professional, or other specific education for           
which a comparable program is not reasonably available in the state,           
for secondary or postsecondary education, for military service, for            
medical treatment, for service in the Congress or in the Peace Corps,          
or for other reasons that the commissioner of revenue may establish            
by regulation; requiring, for the purposes of permanent fund dividend          
eligibility, an individual who is not physically present in the state to       
maintain and demonstrate at all times an intent to return to the state         
to remain permanently;  relating to the eligibility for 1992, 1993, and        
1994 permanent fund dividends of certain spouses and dependents of             
eligible applicants; relating to appeal periods for certain 1994               
permanent fund dividends; and providing for an effective date.                 
Without objection, it was so ordered.                                          
                                                                               
SB 285                                                                       
Senator Donley moved and asked unanimous consent that he be                    
shown as a cosponsor on SENATE BILL NO. 285 An Act relating                    
to management of discrete salmon stocks and to a salmon                        
management assessment; and providing for an effective date.                    
Without objection, it was so ordered.                                          
                                                                               
HJR 58                                                                       
The reconsideration on CS FOR HOUSE JOINT RESOLUTION NO.                       
58(RES) Relating to reauthorization and reform of the Endangered               
Species Act, was not taken up on April 30 and the resolution was               
signed by the President and Secretary and returned to the House.               
                                                                               
HB 397                                                                       
The reconsideration on CS FOR SPONSOR SUBSTITUTE FOR                           
HOUSE BILL NO. 397(FIN) An Act relating to the fisheries                       
resource landing tax and to the seafood marketing assessment; and              
providing for an effective date was not taken up on April 30 and               
the bill was signed by the President and Secretary and returned to             
the House.                                                                     

1996-05-01                     Senate Journal                      Page 3790
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SB 141                                                                       
CS FOR SENATE BILL NO. 141(RLS) am An Act relating to                          
legislative and executive branch ethics; relating to the conduct of            
lobbyists with respect to public officials; relating to campaigning by         
state employees; relating to the filing of financial 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 was engrossed,          
signed by the President and Secretary and transmitted to the House             
for consideration with a Senate Letter of Intent.                              
                                                                               
SB 191                                                                       
CS FOR SENATE BILL NO. 191(FIN) An Act relating to election                    
campaigns, election campaign financing, the oversight and regulation           
of election campaigns, the activities of lobbyists that relate to              
election campaigns, the definitions of offenses of campaign                    
misconduct, and to the use of the net proceeds of charitable gaming            
activities in election campaigns; and providing for an effective date          
was engrossed, signed by the President and Secretary and transmitted           
to the House for consideration.                                                
                                                                               
SB 265                                                                       
CS FOR SENATE BILL NO. 265(FIN) An Act relating to the                         
definition of program receipts; and providing for an effective date            
was engrossed, signed by the President and Secretary and transmitted           
to the House for consideration.                                                
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3791
HB 341                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 341(FIN) An Act                            
relating to administrative adjudication and judicial appeals and to the        
informal resolution of certain factual disputes between taxpayers and          
the Department of Revenue; establishing the office of tax appeals as           
a quasi-judicial agency in the Department of Administration; revising          
the procedures for hearing certain tax appeals, including appeals              
regarding seafood marketing assessments; relating to consideration             
and determination by the superior court of disputes involving certain          
taxes and penalties due, and amending provisions relating to the               
assessment, levy, and collection of taxes and penalties by the state           
and to the tax liability of taxpayers; providing for the release of            
agency records relating to formal administrative tax appeals; relating         
to litigation disclosure of public records; clarifying administrative          
subpoena power in certain tax matters; and providing for an effective          
date was engrossed, signed by the President and Secretary and                  
returned to the House for consideration.                                       
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
SCR 25                                                                       
SENATE CONCURRENT RESOLUTION NO. 25 Relating to                                
supporting home schooling and establishing Alaska Home Education               
Week, 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 10:32 p.m., May 1, 1996.                      
                                                                               
SCR 27                                                                       
SENATE CONCURRENT RESOLUTION NO. 27 Suspending                                 
Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State                  
Legislature concerning House Bill No. 335, relating to the Big Game            
Commercial Services Board and the occupations regulated by the                 
board, 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 10:32 p.m., May 1, 1996.                      
                                                                               
SB 168                                                                       
SENATE BILL NO. 168 An Act relating to financial institutions                  
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 11:11 p.m., May 1, 1996.                             

1996-05-01                     Senate Journal                      Page 3792
SB 305                                                                       
CS FOR SENATE BILL NO. 305(L&C) An Act relating to the                         
regulation of accountants; and amending the effective date for sec.            
6, ch. 62, SLA 1991 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 10:32 p.m., May            
1, 1996.                                                                       
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 1:30 p.m., May 2, 1996.  Without                    
objection, the Senate adjourned at 11:59 p.m.                                  
                                                                               
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1996         

1996-05-01                     Senate Journal                      Page 3793
                                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.                                
                                                                               
+ indicates teleconference                                                     
                                                                               
                             STANDING COMMITTEES                             
                                   FINANCE                                   
                               SENATE FINANCE 532                              
MAY 01                         WEDNESDAY  9:30 AM                              
	SB 216OMNIBUS STATE FEES & COST ASSESSMENTS                                  
	SB 191ELECTION CAMPAIGN FINANCE REFORM                                       
	SB 210INCREASE TOBACCO TAXES                                                 
	HB 109PHONE DIRECTORY LISTING/SOLICITATIONS/ADS                              
	HB 436MOBILE HOME DEALERS & TITLES                                           
	SB 285DISCRETE SALMON STOCK MANAGMNT & ASSESSMT                              
	HB 211VOTER REGISTRATION & ELECTIONS                                         
	HB 314VIOLATING DOMESTIC VIOLENCE ORDERS                                     
	HB  57LICENSING REQUIREMENTS FOR DRIVERS                                     
	HB 110CONFIDENTIALITY OF MOTOR VEHICLE RECORDS                               
	HB 405BD OF OPTOMETRISTS; OPTICIANS                                          
	HB   4PERMANENT FUND DIVIDEND ELIGIBILITY                                    
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
	-- MEETING RECESSED TO CALL OF THE CHAIR --                                  
                                                                               
MAY 02                         THURSDAY 10:30 AM                               
	SB 216OMNIBUS STATE FEES & COST ASSESSMENTS                                  
	HB 110CONFIDENTIALITY OF MOTOR VEHICLE RECORDS                               
	HB  57LICENSING REQUIREMENTS FOR DRIVERS                                     
	HB 109PHONE DIRECTORY LISTING/SOLICITATIONS/ADS                              
	HB 436MOBILE HOME DEALERS & TITLES                                           
	HB 211VOTER REGISTRATION & ELECTIONS                                         
	HB 314VIOLATING DOMESTIC VIOLENCE ORDERS                                     
	HB 361CAP PROJ MATCHING GRANT FOR INDIAN RESERV                              
	HB 405BD OF OPTOMETRISTS; OPTICIANS                                          
	HB 325NO. SLOPE HEAVY OIL ROYALTY MODIFICATION                               
	HB   4PERMANENT FUND DIVIDEND ELIGIBILITY                                    
	HB 386CRUELTY TO ANIMALS                                                     
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          

1996-05-01                     Senate Journal                      Page 3794
                              FINANCE CONTINUED                              
MAY 03                          FRIDAY  9:00 AM                                
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                                                                               
MAY 06                          MONDAY  9:00 AM                                
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
MAY 01                         WEDNESDAY  9:00 AM                              
+	CONFIRMATION HEARING OF GOV.'S APPOINTMENTS:                                
	U OF A BOARD OF REGENTS - JOE L. HAYES, JR.                                  
	HB 529APPROVE CENTRALIZED PUBLIC HEALTH LAB                                  
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
MAY 01                         WEDNESDAY  1:30 PM                              
+	HB 202JUVENILE DELINQUENCY PROCEEDINGS                                      
+	HB 204DRINKING & DRIVING: MINORS & OTHERS                                   
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                                                                               
MAY 02                         THURSDAY  3:30 PM                               
	HB 306PHYSICIAN'S LIENS                                                      
	HB 379VICTIM/JUVENILE OFFENDER MEDIATION                                     
	SB 306G.O. BONDS FOR CORRECTIONAL FACILITIES                                 
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                                                                               
MAY 03                          FRIDAY  1:30 PM                                
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
MAY 02                         THURSDAY  1:30 PM                               
	HB 550INVESTMENTS BY FIDUCIARIES                                             
	<PENDING REFERRAL>                                                           
	BILLS PREVIOUSLY HEARD                                                       
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1996-05-01                     Senate Journal                      Page 3795
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
MAY 01                         WEDNESDAY  5:45 PM                              
	- WILL MEET AFTER ANCHORAGE CAUCUS -                                         
+	BILLS PREVIOUSLY HEARD                                                      
	HELD FROM MONDAY:                                                            
	HB 342WATER QUALITY STANDARDS                                                
	HJR 66OPPOSE AMERICAN HERITAGE AREAS                                         
	- MEETING RECESSED TO 5/2/96                                                 
	- CALL OF THE CHAIR                                                          
                                                                               
MAY 02                         THURSDAY  1:00 PM                               
	- CONTINUATION OF 5/1/96 MEETING -                                           
	HJR 66OPPOSE AMERICAN HERITAGE AREAS                                         
	HB 342WATER QUALITY STANDARDS                                                
                                                                               
MAY 03                          FRIDAY  3:30 PM                                
+	BILLS PREVIOUSLY HEARD                                                      
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                               FAHRENKAMP RM 203                               
MAY 01                         WEDNESDAY  1:45 AM                              
	- MEETING RESCHEDULED FROM 4/30/96 -                                         
	SB 136APPROP: FY 96 CAPITAL PROJECTS BUDGET                                  
	SB 152GEOGRAPHIC PAY DIFFERENTIALS                                           
	SB 191ELECTION CAMPAIGN FINANCE REFORM                                       
	SB 215OMNIBUS STATE AGENCY OPERATIONS & PROGRAM                              
	SB 216OMNIBUS STATE FEES & COST ASSESSMENTS                                  
	<PENDING REFERRAL>                                                           
	SB 265RECEIPTS OF TEST FISHING OPERATIONS                                    
	HB 341TAX APPEALS/ASSESSMENT/LEVY/COLLECTION                                 
	HB 434UNCLAIMED PROPERTY                                                     
                                                                               
MAY 01                         WEDNESDAY  3:05 PM                              
	SB 191ELECTION CAMPAIGN FINANCE REFORM                                       
                                                                               
MAY 02                         THURSDAY  2:00 PM                               
	HB 468APPROP: SUPPLEMENTAL & OTHERS                                          
	HB 529APPROVE CENTRALIZED PUBLIC HEALTH LAB                                  
	SB 210INCREASE TOBACCO TAXES                                                 
	SB 285DISCRETE SALMON STOCK MANAGMNT & ASSESSMT                              
	SB 216OMNIBUS STATE FEES & COST ASSESSMENTS                                  
	<PENDING REFERRAL>                                                           
	PENDING:                                                                     
	SB 152GEOGRAPHIC PAY DIFFERENTIALS                                           
	SB 215OMNIBUS STATE AGENCY OPERATIONS & PROGRAM                              

1996-05-01                     Senate Journal                      Page 3796
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
MAY 02                         THURSDAY  9:00 AM                               
	- RESCHEDULED FROM 5/1/96 -                                                  
	HJR 20CONFERENCE OF THE STATES                                               
	HJR 61ANCHORAGE VETERANS AFFAIRS OFFICE                                      
	HCR 25381ST INTELL.SQUADRON DIVISION DAY                                     
+	HB 198PFD ALLOWABLE ABSENCES                                                
	HB 490FINANCIAL ASSISTANCE TO BIDCO                                          
	BILLS PREVIOUSLY SCHEDULED, INCLUDING:                                       
	HB  63DOG MUSHING VANITY PLATES                                              
+	HB 249MCGRATH KUSKOKWIM RIVER ICE CLASSIC                                   
	HB 359APPOINTMENT PROCESS FOR BDS & COMM'NS                                  
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
MAY 01                         WEDNESDAY  5:55 PM                              
	- RESCHEDULED FROM 4/30/96 -                                                 
	SJR 42CONSTRUCTION OF ALASKA HIGHWAY                                         
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAY 02                         THURSDAY  3:00 PM                               
	HB 526AIDEA OPERATIONS/PROJECTS/LOANS                                        
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                        CONFERENCE COMMITTEE ON HB 412                       
                               SENATE FINANCE 532                              
MAY 02                         THURSDAY  3:00 PM                               
	-- RESCHEDULED FROM 5/01/96 --                                               
	- JOINT WITH CONFERENCE COMMITTEE ON HB 413 -                                
	HB 412APPROPRIATIONS: OPERATING BUDGET                                       
	EDUCATION                                                                    
	PUBLIC SAFETY                                                                
	TRANSFERS TO CAPITAL                                                         
	TRANSPORTATION                                                               
                    ----------------------------------------                   
                                                                               
                                                                               

1996-05-01                     Senate Journal                      Page 3797
                        CONFERENCE COMMITTEE ON HB 413                       
                               SENATE FINANCE 532                              
MAY 02                         THURSDAY  3:00 PM                               
	-- RESCHEDULED FROM 5/01/96 --                                               
	- JOINT WITH CONFERENCE COMMITTEE ON HB 412 -                                
	HB 413APPROPRIATIONS FOR MENTAL HEALTH                                       
	EDUCATION                                                                    
	PUBLIC SAFETY                                                                
	TRANSFERS TO CAPITAL                                                         
	TRANSPORTATION                                                               
                    ----------------------------------------                   
                                                                               
                             LEGISLATIVE COUNCIL                             
                               BUTROVICH ROOM 205                              
MAY 01                         WEDNESDAY 12:30 PM                              
	LEGISLATIVE COUNCIL                                                          
                    ----------------------------------------                   
                                                                               
                        CONFERENCE COMMITTEE ON SCR 8                        
                               SENATE FINANCE 532                              
MAY 01                         WEDNESDAY  8:00 AM                              
	-- TIME CHANGE TO CALL OF THE CHAIR --                                       
	-- MOST PROBABLY ON 5/2/96 --                                                
	SCR  8APPROVING LEG. OPEN MEETINGS GUIDELINES                                
                                                                               
MAY 02                         THURSDAY  0:00 AM                               
	-- WILL MEET AT CALL OF THE CHAIR --                                         
	- RESCHEDULED FROM 5/1/96 -                                                  
	SCR  8APPROVING LEG. OPEN MEETINGS GUIDELINES