Legislature(1993 - 1994)

1994-01-10 Senate Journal

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1994-01-10                     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