Legislature(1993 - 1994)
1994-01-10 Senate Journal
Full Journal pdf1994-01-10 Senate Journal Page 2443 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday January 10, 1994 First Day Pursuant to adjournment the Senate was called to order by President Halford at 10:19 a.m. The roll showed all members present. The prayer was offered by the Chaplain, Father Herbert McMurtry of the Holy Trinity Episcopal Church. Senator Zharoff moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Almighty God, we give You thanks for all who have been elected or appointed to positions of leadership in the government of this state. Bless especially, we pray, each member of this Senate. In times of favor, grant them humility. In times of trial, give them courage. Keep us ever mindful that what we do here affects the lives of many. Give us the grace to criticize ideas rather than people and the charity to respect another's dignity. In the moment of lonely decision, let not our confidence in You fail, and may the spirit of cooperation guide our deliberations and resound in our common good. All this we ask through Your Holy Name. Amen. Members of Boy Scout Troop No. 21, Zan McCourtney, Levi Preston, Mike Behrends, Richard Smiley, Kyle Smith and Tabor White presented the colors and led the Senate in the Pledge of Allegiance. 2443 1994-01-10 Senate Journal Page 2444 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred twenty-first legislative day, the Final Supplement for the First Session of the Eighteenth Legislature and Senate Supplement No. 7 be approved as certified by the Secretary. Without objection, it was so ordered. President Halford appointed Senator Rieger and Senator Ellis to notify the Governor that the Senate was ready to do business. President Halford appointed Senator Kelly and Senator Zharoff to notify the House that the Senate was ready to do business. MESSAGES FROM THE GOVERNOR Message of January 4 was read, stating: Under the provisions of Article III, Section 18 of the Alaska Constitution, I am requesting the opportunity to address a joint session of the Eighteenth Alaska State Legislature on Tuesday, January 11, 1994, at 8:00 p.m. for presentation of the State of the State Address and Thursday, January 13, 1994, at 8:00 p.m. for presentation of the State of the Budget Address. I would like to outline for the Legislature policy and budget matters that lie before us. We can then proceed with our work as expeditiously as possible. Thank you for your cooperation in this effort. I look forward to a successful session. With best regards. Senator Kelly and Senator Zharoff returned from the House and stated the Speaker was ready to work with the Senate in a cooperative spirit. 1994-01-10 Senate Journal Page 2445 MESSAGES FROM THE HOUSE Message of January 6 was read, stating the House respectfully requests the Senate to meet in Joint Session in the House Chamber on Tuesday, January 11 at 8:00 p.m. to receive the Governor's State of the State Address, and Thursday, January 13 at 8:00 p.m. to receive Governor Hickel's State of the Budget Address. Senator Taylor moved and asked unanimous consent that the Senate accept the House invitation. Without objection, it was so ordered. The Secretary was requested to notify the House. Representative Phillips and Representative Ulmer called upon the Senate to state the House was ready to do business and wished the Senate well. Senator Rieger and Senator Ellis returned from informing the Governor and stated the Governor wished the Senate well. RECESS Senator Salo announced a minority caucus upon recess. Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 10:30 a.m. AFTER RECESS The Senate reconvened at 3:10 p.m. COMMUNICATIONS Letter dated January 10 was read, stating: Dear Senator Halford: I found the process used by the Ethics Committee to fall far short of the constitutional protections guaranteed every citizen of this nation and, therefore, do not agree with the committee's conclusions. 1994-01-10 Senate Journal Page 2446 However, in the interest of getting on with the important business of representing my constituents, I am prepared to accept the committee's recommendations. To that end please consider this letter my resignation from the chairmanship of the Rules Committee effective immediately. Sincerely, /s/ Senator George Jacko SPECIAL COMMITTEE REPORTS The Select Committee on Legislative Ethics Decision C(93)-1 was before the Senate at this time. Senator Taylor moved that the Select Committee on Legislative Ethics Decision C(93)-1, dated November 12, 1993 be spread in the Supplemental Journal. Senator Duncan objected, then withdrew his objection. There being no further objections, the decision will be in Senate Supplement No. 8. Senator Taylor moved that the Senate adopt the recommendations of the Senate Subcommittee of the Select Committee on Legislative Ethics set out in Decision C(93)-1 and, hereby, impose the sanctions on Senator George Jacko as recommended by the Select Committee: (1) Senator Jacko is removed from all committee chair positions and appointments to statewide, regional and national committees, and he shall not be reappointed during the remainder of his term in office. The appointments include: The Citizen's Advisory Commission on Federal Areas, The Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives, All committees of the National Conference of State Legislatures, the Western Legislative Conference or the Council of State Governments, The Senate Economic Development Task Force, and The Pacific Fisheries Legislative Task Force. 1994-01-10 Senate Journal Page 2447 (2) Senator Jacko is prohibited from traveling out-of- state at state expense during the remainder of his legislative term of office; (3) Senator Jacko is required and directed to attend and satisfactorily complete, at his own expense, the two-phased, court sanctioned Male Awareness Program, which includes training on anger management, stress management, problem solving, and communications skills as they relate to the abuse and control of partners; (4) Senator Jacko is formally censured and placed on probation for the remainder of his term. Senators Duncan, Kerttula, Adams, Donley, Ellis, Lincoln, Little, Salo, Zharoff offered Amendment No. 1 to the motion: Subsection 1: After "The Pacific Fisheries Legislative Task Force" Add: "Alaska Seafood Marketing Institute" Senator Duncan moved for the adoption of Amendment No. 1. Senator Taylor objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: "Shall the recommendations of the Select Committee on Legislative Ethics contained in Decision C(93)-1, 11/12/93, be adopted?" Amendment No. 1 to Motion YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so Amendment No. 1 failed. 1994-01-10 Senate Journal Page 2448 The question being: "Shall the Senate adopt the recommendations of the Select Committee on Legislative Ethics contained in Decision C(93)-1?" The roll was taken with the following result: "Shall the recommendations of the Select Committee on Legislative Ethics contained in Decision C(93)-1, 11/12/93, be adopted?" YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, the recommendations were adopted and are implemented at this time. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 11 SENATE CONCURRENT RESOLUTION NO. 11 by SENATOR DUNCAN, Proposing amendments to the Uniform Rules of the Alaska State Legislature relating to certain committee meetings held outside of the state capital and to recess of the legislature during the period the meetings are held; and providing for an effective date. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. 1994-01-10 Senate Journal Page 2449 SJR 36 (Prefile released January 3, 1994) SENATE JOINT RESOLUTION NO. 36 by SENATORS KELLY, SALO, PEARCE, ZHAROFF, SHARP, JACKO, Little, Proposing amendments to the Constitution of the State of Alaska requiring that candidates for governor and candidates for lieutenant governor receive more than 50 percent of the votes cast to be elected and changing the term of office of the governor and the lieutenant governor. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. SJR 37 (Prefile released January 3, 1994) SENATE JOINT RESOLUTION NO. 37 by SENATOR ELLIS, Little, Zharoff, Proposing amendments to the Constitution of the State of Alaska relating to elections of the governor and lieutenant governor and changing the term of office of the governor and the lieutenant governor. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. SJR 38 (Prefile released January 7, 1994) SENATE JOINT RESOLUTION NO. 38 by SENATOR ELLIS, Proposing amendments to the Constitution of the State of Alaska relating to revenues from natural resources, the Alaska permanent fund, the appropriation limit and the budget reserve fund; and providing for an effective date for the amendments. 1994-01-10 Senate Journal Page 2450 SJR 38 was read the first time and referred to the State Affairs, Resources, Judiciary and Finance Committees. SJR 39 SENATE JOINT RESOLUTION NO. 39 by the SENATE STATE AFFAIRS COMMITTEE, Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 219 (Prefile released January 3, 1994) SENATE BILL NO. 219 by SENATORS KERTTULA, Ellis, entitled: "An Act making appropriations to the Department of Education for support of kindergarten, primary, and secondary education and community schools programs and for school construction debt retirement; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs, Health, Education and Social Services and Finance Committees. 1994-01-10 Senate Journal Page 2451 SB 220 (Prefile released January 3, 1994) SENATE BILL NO. 220 by SENATORS ELLIS, Little entitled: "An Act amending schedule IIA of the schedules of controlled substances applicable to offenses relating to controlled substances to add the drug methcathinone, commonly identified as `cat.'" was read the first time and referred to the State Affairs and Judiciary Committees. SB 221 (Prefile released January 3, 1994) SENATE BILL NO. 221 by SENATOR TAYLOR, entitled: "An Act relating to arrest of a person for illegal possession, consumption, or control of alcohol; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. SB 222 (Prefile released January 3, 1994) SENATE BILL NO. 222 by SENATORS DONLEY, Ellis, Little, Lincoln, Salo, Zharoff, entitled: "An Act repealing an additional fee for motor vehicle registration not conducted by mail." was read the first time and referred to the State Affairs, Labor and Commerce and Finance Committees. 1994-01-10 Senate Journal Page 2452 SB 223 (Prefile released January 3, 1994) SENATE BILL NO. 223 by SENATOR TAYLOR, entitled: "An Act authorizing credits against certain taxes for contributions for public broadcasting purposes; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs, Judiciary and Finance Committees. SB 224 (Prefile released January 3, 1994) SENATE BILL NO. 224 by SENATORS KERTTULA, Ellis, Little, Salo, entitled: "An Act relating to the use of recycled paper by state agencies and state-related entities, by state contractors, by financial institutions dealing with certain state agencies, and by attorneys filing documents in court and certain administrative proceedings; amending Alaska Rule of Civil Procedure 76 and Alaska Rule of Appellate Procedure 212; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. SB 225 (Prefile released January 3, 1994) SENATE BILL NO. 225 by SENATOR KERTTULA, entitled: "An Act relating to credits against certain insurance taxes for contributions to certain educational institutions; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. 1994-01-10 Senate Journal Page 2453 SB 226 (Prefile released January 3, 1994) SENATE BILL NO. 226 by SENATOR TAYLOR, entitled: "An Act confirming and ratifying the conversion of certain former mental health to general grant land and disposals of that land, cancelling the lis pendens notices recorded in state public records against third-party holdings of former mental health trust land, and urging the attorney general to seek the dissolution of a related injunction; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services, Resources and Judiciary Committees. SB 227 (Prefile released January 3, 1994) SENATE BILL NO. 227 by SENATOR KERTTULA, entitled: "An Act relating to terminal rental adjustment clauses for motor vehicles and trailers." was read the first time and referred to the State Affairs, Labor and Commerce and Transportation Committees. SB 228 (Prefile released January 3, 1994) SENATE BILL NO. 228 by SENATORS SALO, Little, Zharoff, entitled: "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." was read the first time and referred to the Judiciary and Finance Committees. 1994-01-10 Senate Journal Page 2454 SB 229 (Prefile released January 3, 1994) SENATE BILL NO. 229 by SENATORS KELLY, Ellis, entitled: "An Act making an appropriation for the construction of a dormitory at the University of Alaska Anchorage; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 230 (Prefile released January 3, 1994) SENATE BILL NO. 230 by SENATORS KERTTULA, Zharoff, entitled: "An Act transferring responsibility for the longevity bonus program from the Department of Administration to the Department of Community and Regional Affairs." was read the first time and referred to the State Affairs, Community and Regional Affairs and Finance Committees. SB 231 (Prefile released January 3, 1994) SENATE BILL NO. 231 by SENATORS KERTTULA, Ellis, Little, entitled: "An Act providing coverage under Medicaid for the services of physician assistants; and reordering the priorities for Medicaid services." was read the first time and referred to the Health, Education and Social Services and Finance Committees. 1994-01-10 Senate Journal Page 2455 SB 232 (Prefile released January 3, 1994) SENATE BILL NO. 232 by SENATORS KERTTULA, Salo, Zharoff, entitled: "An Act relating to reimbursement of bonds issued for school construction; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs, Health, Education and Social Services and Finance Committees. SB 233 (Prefile released January 3, 1994) SENATE BILL NO. 233 by SENATORS KERTTULA, Salo, Zharoff, entitled: "An Act relating to state aid for education." was read the first time and referred to the Community and Regional Affairs, Health, Education and Social Services and Finance Committees. SB 234 (Prefile released January 3, 1994) SENATE BILL NO. 234 by SENATORS LEMAN, Halford, entitled: "An Act relating to mandatory 99-year sentences, parole and furlough eligibility, service of sentence at correctional restitution centers, and good time credit for defendants with at least three felony convictions when the current conviction and at least one of the prior convictions is for a most serious felony." was read the first time and referred to the Judiciary and Finance Committees. 1994-01-10 Senate Journal Page 2456 SB 235 (Prefile released January 3, 1994) SENATE BILL NO. 235 by SENATORS ELLIS, Little, entitled: "An Act relating to forgiveness of student loans of certain health care professionals and to student financial assistance; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 236 Prefile not introduced. SB 237 (Prefile released January 7, 1994) SENATE BILL NO. 237 by SENATORS LEMAN, Phillips, entitled: "An Act relating to offenses involving delivery of firearms to minors and to offenses involving possession of dangerous instruments, including firearms, by minors." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. SB 238 (Prefile released January 7, 1994) SENATE BILL NO. 238 by SENATOR PEARCE, entitled: "An Act establishing a procedure for review of proposed projects under the Alaska coastal management program, and relating to petitions for compliance with and enforcement of district coastal management programs under that program and to the disposition of those petitions." 1994-01-10 Senate Journal Page 2457 SB 238 was read the first time and referred to the Resources and Finance Committees. SB 239 SENATE BILL NO. 239 by the SENATE SPECIAL COMMITTEE ON OIL AND GAS, entitled: "An Act relating to evidence of financial responsibility provided by persons who conduct noncrude oil operations; and providing for an effective date." was read the first time and referred to the Senate Special Committee on Oil and Gas and Judiciary Committee. EO 88 EXECUTIVE ORDER NO. 88 Transferring the responsibility for adventure-based education from the Department of Community and Regional Affairs to the Department of Health and Social Services. Zero fiscal notes published today from Department of Health and Social Services, Department of Education and Department of Community and Regional Affairs. Governor's transmittal letter dated January 10 follows: Dear Mr. President: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order relating to the transfer of responsibility for adventure-based education from the Department of Community and Regional Affairs to the Department of Health and Social Services. 1994-01-10 Senate Journal Page 2458 EO 88 Adventure-based education programs have shown considerable success as an effective tool to instill positive values and an increased sense of responsibility and self-worth in some at-risk, troubled, or delinquent juveniles. The transfer of this program to the Department of Health and Social Services will provide an additional treatment option for some of these youth. My Administration is committed to providing a full spectrum of services to children and youth who, for whatever reason, come into contact with law enforcement or social service agencies of the state. My goal is to see that each and every individual is treated appropriately given his or her circumstances. To achieve that goal, I have supported implementation of a family centered services model in the division of family and youth services. The adventure-based program represents one small but useful piece in the continuum of services and sanctions we must have in place to meet the challenges the youth of today pose to our juvenile justice system. Sincerely, /s/ Walter J. Hickel Governor EXECUTIVE ORDER NO. 88 was referred to the Health, Education and Social Services and Finance Committees. 1994-01-10 Senate Journal Page 2459 EO 89 EXECUTIVE ORDER NO. 89 Transferring from the Department of Commerce and Economic Development to the Department of Transportation and Public Facilities, the authority to enforce vehicle size, weight, and load standards and to issue permits that allow the operation of overweight or oversize vehicles on the state highway system. Zero fiscal notes published today from Department of Transportation and Public Facilities, Department of Commerce and Economic Development and Department of Public Safety. Governor's transmittal letter dated January 10 follows: Dear Mr. President: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order relating to the enforcement of size, weight, and load standards for vehicles operating on the state highway system and to the authority to issue overweight or oversize vehicle permits. The Order transfers, from the Department of Commerce and Economic Development (DCED) to the Department of Transportation and Public Facilities (DOT/PF), the authority to enforce vehicle size, weight, and load standards and to issue permits that allow the operation of overweight or oversize vehicles on the state highway system. Under existing statutory authority found in AS19.10.060, DOT/PF has the duty to adopt standards governing the size, weight, and load of vehicles operating on the state highway system; this is consistent with its duty to manage, operate, and maintain the state highway system under AS44.42.020. However, DOT/PF is denied the ability to fully perform these statutory duties because it has neither the authority to enforce size, weight, and load standards, nor the authority to issue permits that allow exceptions from those standards. 1994-01-10 Senate Journal Page 2460 EO 89 The enforcement of vehicle size, weight, and load standards is presently accomplished, in part, through weighing stations operated by DCED at strategic locations along the state highway system. Operation of these weighing stations would transfer to DOT/PF on the effective date of the Order. In issuing overweight and oversize vehicle permits, DCED consults with and obtains the concurrence of DOT/PF because DCED does not have the expertise necessary to interpret and apply the sometimes technical and complex DOT/PF standards under which the permits must be issued. Transferring overweight and oversize vehicle permitting to DOT/PF would place that function in the agency best equipped to perform the function. The enforcement of vehicle size, weight, and load standards is an integral part of the operation and management of the state highway system. By integrating the management functions for the state highway system as contemplated by the Order, DOT/PF will be able to more effectively manage the state highway system. The result is that state highways will be better protected, at no increase in cost, with better service to the traveling public. Sincerely, /s/ Walter J. Hickel Governor EXECUTIVE ORDER NO. 89 was referred to the Labor and Commerce and Transportation Committees. 1994-01-10 Senate Journal Page 2461 EO 90 EXECUTIVE ORDER NO. 90 Transferring the Alaska Science and Technology Foundation (ASTF) from the Department of Revenue to the Department of Commerce and Economic Development. Zero fiscal notes published today from Department of Commerce and Economic Development and Department of Revenue. Governor's transmittal letter dated January 10 follows: Dear Mr. President: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order relating to the Alaska Science and Technology Foundation (ASTF) and the science and engineering advisory commission. The Order transfers the ASTF from the Department of Revenue to the Department of Commerce and Economic Development. The purpose of this transfer is to integrate the state's science and technology activities within the state agency responsible for the comprehensive economic development of the State of Alaska. The Order also eliminates the science and engineering advisory commission (located in the Office of the Governor) and consolidates its functions and duties with those of the ASTF. The ASTF has the knowledge and the resources to serve in an advisory capacity to the governor and the legislature as well as to perform the original functions of the foundation. 1994-01-10 Senate Journal Page 2462 EO 90 These two transfers will serve to streamline the state's commitment to the development of resources through the application of science and technology. Given budget constraints, the elimination of somewhat duplicative efforts also will improve the efficiency of government. Sincerely, /s/ Walter J. Hickel Governor EXECUTIVE ORDER NO. 90 was referred to the Labor and Commerce and Finance Committees. CONSIDERATION OF THE CALENDAR SB 89 Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 89(FIN) am(efd fld) "An Act making appropriations for capital project matching grant programs" be returned to the Rules Committee. Without objection, it was so ordered. HB 69 Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 69(FIN) am S "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)" be returned to the Rules Committee. Without objection, it was so ordered. HB 160 Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 160 am S "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property; and providing for an effective date" be returned to the Rules Committee. Without objection, it was so ordered. 1994-01-10 Senate Journal Page 2463 UNFINISHED BUSINESS Senator Little moved and asked unanimous consent that she be excused from a call of the Senate on January 14 to plane time, January 16. Without objection, Senator Little was excused. Senator Salo moved and asked unanimous consent that she be excused from a call of the Senate on January 14 to plane time, January 16. Without objection, Senator Salo was excused. ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 11, 1994. Without objection, the Senate adjourned at 4:18 p.m. Nancy Quinto Secretary of the Senate January 1994 1994-01-10 Senate Journal Page 2464 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 JAN 11 TUESDAY 9:00 AM SB 2 PAY EQUITY BASED ON VALUE OF WORK SB 136 NATIVE LANGUAGE EDUCATION HJR 37 FED MONEY FOR RURAL WATER/SEWER PROJECTS JAN 13 THURSDAY 9:00 AM SB 203 MANDATORY MUNICIPAL POLICE SERVICES SB 35 IMMUNITY FOR ACTIONS TAKEN UNDER AS 46.13 SB 202 SALE OF STATE WATER TO MUNICIPALITIES ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 JAN 11 TUESDAY 3:30 PM NO MEETING SCHEDULED JAN 13 THURSDAY 3:30 PM NO MEETING SCHEDULED JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT HOUSE FINANCE 519 JAN 12 WEDNESDAY 3:30 PM LEGISLATIVE BUDGET AND AUDIT SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 JAN 14 FRIDAY 9:00 AM BELTZ ROOM -- SUBJECT TO CHANGE REPORT FROM CHAIR EXECUTIVE SESSION OPEN SESSION SENATE SUBCOMMITTEE EXECUTIVE SESSION ADJOURN - OPEN SESSION 1994-01-10 Senate Journal Page 2465 OTHER COMMITTEES MINORITY CAUCUS BUTROVICH RM 205 JAN 10 MONDAY 10:30 AM MINORITY CAUCUS