Legislature(1995 - 1996)
1995-01-17 Senate Journal
Full Journal pdf1995-01-17 Senate Journal Page 0027 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Tuesday January 17, 1995 Second Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:10 a.m. The roll showed eighteen members present. Senators Frank, Hoffman were absent. The prayer was offered by the Chaplain, Senator Taylor. Senator Leman led the Senate in the pledge of allegiance. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the first legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR In accordance with AS 37.07.020, message of December 15, 1994 was received transmitting the FY96 operating budget bills, one for "general government operations" and one for "formula programs." MESSAGES FROM THE HOUSE Message of January 13 was read stating: The House of Representatives respectfully invites the Senate to a joint session of the legislature at 11:00 a.m. on Tuesday, February 21 for the purpose of hearing an address by the Honorable Frank Murkowski, United States Senator. 27 1995-01-17 Senate Journal Page 0028 Senator Halford moved and asked unanimous consent that the Senate accept the House's invitation. Without objection, it was so ordered. The Senate Secretary was requested to notify the House. COMMUNICATIONS In accordance with AS 44.62, as amended in 1994, letter dated January 16 from Joseph P. Donahue, Chair, Select Committee on Legislative Ethics, was received submitting proposed guidelines on the Open Meetings Principles to the Legislature by January 16, 1995. The law further sets out that the Legislature shall vote on a concurrent resolution approving the guidelines by the 45th day of the legislative session and if the guidelines are voted on but not approved, the committee shall submit new proposed guidelines within 60 days after the resolution was voted on. The following reports were received during the legislative interim for journal entry First Session, Nineteenth Legislature and are on file in the Office of the Secretary of the Senate: Status of Brown Bears and Other Natural Resources in the McNeil River State Game Sanctuary and Refuge, Annual Report from Carl L. Rosier, Commissioner, Department of Fish and Game in accordance with AS 16.20.041(f) and 160(f) State of Alaska, Commercial Fisheries Entry Commission, 1993 Annual Report from Bruce Twomley, Chair, Commercial Fisheries Entry Commission in accordance with AS 16.43.980 Equal Employment Opportunity and Affirmative Action in Alaska State Government, 1993 Annual Progress Report from Division of Personnel/Office of Equal Employment Opportunity in accordance with AS 44.21.501(a)(12) Department of Revenue Charitable Gaming Division Annual Report from Darrel J. Rexwinkel, Commissioner in accordance with AS 05.15 and AS 43.35 1995-01-17 Senate Journal Page 0029 Alaska Permanent Fund 1994 Annual Report from Ralph C. Seekins, Chair, Board of Trustees, Alaska Permanent Fund Corporation Alaska's Executive Branch Health Care Reform Work Group, September 1994 from Margaret R. Lowe, Chair, Commissioner, Department of Health and Social Services in accordance with AS 44.19.145(c) Alaska Municipal Bond Bank Authority, earnings from Bond Bank investments over and above cost of operations from Norman J. Levesque, Executive Director, August 5, 1994 Illinois House Resolution No. 2540 (claiming state sovereignty under the 10th Amendment to the United States Constitution) from Anthony D. Rossi, Clerk of the House Illinois House Joint Resolution No. 86 (requesting the Illinois Attorney General to file suit in the United States Supreme Court against the United States Government, specified U.S. Government departments and agencies and official representatives of specified Asian countries alleging violation of civil rights of the people of Illinois, especially those listed therein as Prisoners of War or Missing in Action) from Anthony D. Rossi, Clerk of the House State of Alaska Certification of Ballot Measures No. 1 through 5, dated November 30, 1994 from John B. Coghill, Lieutenant Governor in accordance with AS 15.15.450 1994 Juneau Time Capsule Certificate and Key, stating Time Capsule No. 23 contains Laws from the 18th Alaska Legislature Second Session from Michael Orelove, Juneau Time Capsule Committee, January 9, 1995 1995-01-17 Senate Journal Page 0030 The following Budget and Audit reports were received during the legislative interim from Randy S. Welker, Legislative Auditor, in accordance with AS 24.20.311: Department of Revenue, Alaska Housing Finance Corporation, February 18, 1994 State of Alaska, Single Audit, for the Fiscal Year ended June 30, 1993 Department of Revenue, Alaska Science and Technology Foundation, April 15, 1994 Department of Community and Regional Affairs, Dissolution of the Alaska Energy Authority and Transfer of Programs, May 27, 1994 Department of Fish and Game, Division of Commercial Fisheries Management and Development Issuance of an Exploratory Scallop Dredge Permit, April 15, 1994 Alaska Permanent Fund Corporation, Selected Administrative Aspects, September 15, 1994 Department of Administration, Municipal Grant Program, Select Municipal Grants to the City of Seldovia, June 14, 1994 Department of Administration, Alaska Public Broadcasting Commission, Private Sector Competition Issues, September 15, 1994 Department of Education, Division of Vocational Rehabilitation Program, Eligibility Procedures, August 8, 1994 Department of Public Safety, Council on Domestic Violence and Sexual Assault and Grantee Women in Crisis - Counseling & Assistance Selected Operational and Oversight Issues, September 4, 1994 STANDING COMMITTEE REPORTS Reports dated January 17 were read stating: 1995-01-17 Senate Journal Page 0031 In accordance with AS 24.60.130, the Senate Judiciary Committee reviewed the following with regard to confirmation of the appointments of the Chief Justice: Select Committee on Legislative Ethics Margie Mac Neille Ed Granger There were no stated objections by committee members to the confirmation of the named individuals. This does not reflect an intent by any of the members to vote for or against these individuals during any further proceedings. Signing the reports: Senator Taylor, Chair, Senator Green, Vice Chair, Senators Miller, Adams, Ellis. Senator Adams further signed no recommendation on the Margie Mac Neille report. Senator Halford requested that the confirmations of Margie Mac Neille and Ed Granger to the Select Committee on Legislative Ethics be taken up at this time. Senator Halford moved that Margie Mac Neille be confirmed as a Public Member to the Select Committee on Legislative Ethics. Senator Halford called the Senate. Senator Halford lifted the call. The question being: "Shall Margie Mac Neille be confirmed as a Public Member to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Shall Margie Mac Neille be confirmed as a Public Member to the Select Committee on Legislative Ethics? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, Margie Mac Neille was confirmed by the Senate. 1995-01-17 Senate Journal Page 0032 Senator Halford moved that Ed Granger be confirmed as a Public Member to the Select Committee on Legislative Ethics. The question being: "Shall Ed Granger be confirmed as a Public Member to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Shall Ed Granger be confirmed as a Public Member to the Select Committee on Legislative Ethics? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, Ed Granger was confirmed by the Senate. President Pearce appointed the following senators to the Select Committee on Legislative Ethics: Senator Pearce Senator Duncan Senator Halford moved that Senator Pearce be confirmed to the Select Committee on Legislative Ethics. The question being: "Shall Senator Pearce be confirmed to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Shall Senator Pearce be confirmed as a member of the Select Committee on Legislative Ethics? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, Senator Pearce was confirmed by the Senate. 1995-01-17 Senate Journal Page 0033 Senator Halford moved that Senator Duncan be confirmed to the Select Committee on Legislative Ethics. The question being: "Shall Senator Duncan be confirmed to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Shall Senator Duncan be confirmed as a member of the Select Committee on Legislative Ethics? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, Senator Duncan was confirmed by the Senate. The Secretary was requested to notify the House. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 11 SENATE JOINT RESOLUTION NO. 11 BY SENATORS KELLY, Leman, Green, entitled: Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. was read the first time and referred to the State Affairs and Judiciary Committees. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 36 SENATE BILL NO. 36 BY SENATOR ZHAROFF, entitled: "An Act relating to interest on and repayment of A. W. Brindle memorial scholarship loans; and providing for an effective date." 1995-01-17 Senate Journal Page 0034 SB 36 was read the first time and referred to the Health, Education and Social Services and Finance Committees. CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Gilbert Ollestad by Senator(s) Pearce, Torgerson, Donley, Zharoff, Halford, Duncan, Leman, Lincoln In Memoriam - Elizabeth "Betty" Leonard by Senator(s) Salo, Torgerson, Donley, Halford, Duncan, Leman, Lincoln Representative(s) Navarre In Memoriam - John C. "Jack" Doyle by Representative(s) Mulder Senator(s) Kelly, Donley, Phillips, Pearce, Zharoff, Halford, Duncan, Rieger, Leman, Taylor Senator Halford moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS President Pearce made the following changes to the appointments to the Legislative Budget and Audit Committee: Senator Adams replaces Senator Salo Senator Zharoff was assigned as alternate SB 15 President Pearce made the following committee referral change to SENATE BILL NO. 15 "An Act extending the termination date of the Citizens' Review Panel for Permanency Planning; and providing for an effective date" (page 17). SENATE BILL NO. 15 was referred to the Health, Education and Social Services and Finance Committees. 1995-01-17 Senate Journal Page 0035 SJR 10 Senator Donley moved and asked unanimous consent that he be shown as a cosponsor on SENATE JOINT RESOLUTION NO. 10 Endorsing, in principle, legislation authorizing oil and gas leasing, exploration, and development on the coastal plain within the Arctic National Wildlife Refuge, provided the legislation does not contain a provision decreasing this state's royalty. Without objection, it was so ordered. SJR 8 Senator Zharoff moved and asked unanimous consent that he be shown as a cosponsor on SENATE JOINT RESOLUTION NO. 8 Relating to the United States Department of Agriculture, Forest Service, report known as the "Reinvention of the Forest Service"; and opposing the recommendation in that report of combining the Alaska Region of the Forest Service with another region and of moving the regional forest service office from Alaska. Without objection, it was so ordered. SB 3 Senator Zharoff moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 3 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." Without objection, it was so ordered. SB 9 Senator Zharoff moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 9 "An Act relating to credited service in public employee retirement systems and retirement benefits." Without objection, it was so ordered. SB 29 Senator Zharoff moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 29 "An Act relating to disclosures to school officials of information about certain minors." Without objection, it was so ordered. SB 30 Senator Zharoff moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 30 "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." Without objection, it was so ordered. 1995-01-17 Senate Journal Page 0036 Senator Sharp moved and asked unanimous consent that he be excused from a call of the Senate January 19 through January 20, plane time. Without objection, Senator Sharp was excused. Senator Salo moved and asked unanimous consent that she be excused from a call of the Senate on January 20. Without objection, Senator Salo was excused. Memorandum dated July 19, 1994 from David R. Dierdorff, Revisor of Statutes, was received, stating: Staff has discovered a manifest clerical error in the preparation of HCS CSSB 363(FIN), which became ch. 4, FSSLA 1994 upon enactment. The error occurred in the preparation of material by the Senate Finance Committee for inclusion in the bill, and it is clear from the written history of the item that a clerical error was made, resulting in the omission of one word from an allocation item. On page 27, line 31 of sec. 10, ch. 4, FSSLA 1994, the item reads: North Pole Water Project 1,425,000 The item should have read: North Pole Water-Sewer Project 1,425,000 Under AS 01.05.031(b)(7), the revisor has the authority to correct this clerical error by inserting "-Sewer". When a chapter has been printed and distributed by Legislative Affairs before error discovery, as is the case with ch. 4, this authority is usually implemented when the law is printed in the Temporary and Special Acts pamphlet by the state's publisher. Section 10 of ch. 4 would not normally be reprinted by the publisher, because the page and line number references are rendered useless under their style of publishing temporary and special acts. However, I will have the publisher insert an appropriate revisor's note to advise the public of the error. I would recommend against printing a corrected copy of the chapter because of the cost involved. In order to give additional notice of the correction, would you please include this memo in the next Senate Journal or Journal Supplement, whichever comes first. 1995-01-17 Senate Journal Page 0037 Memorandum dated December 15, 1994 from David R. Dierdorff, Revisor of Statutes, was received, stating: Under sec. 58(b), ch. 66, SLA 1991, as amended by sec. 37, ch. 5, FSSLA 1994 and sec. 2, ch. 1, SSSLA 1994, the attorney general has advised me that the superior court has made a determination that the state satisfied its obligation to reconstitute the mental health trust under State v. Weiss and that on December 14, 1994, the court entered an order dismissing Weiss v. State. This satisfies the conditions of sec. 58(a), ch. 66, SLA 1991, as amended by sec. 37, ch. 5, FSSLA 1994 and sec. 2, ch. 1, SSSLA 1994. Consequently, ch. 66, SLA 1991, and secs. 3 - 9, 12 - 16, 19 - 21, 23 - 30, 33 - 36, 43, 46, 48, and 49, ch. 5, FSSLA 1994, took effect December 16, 1994. Effective that same date, under sec. 49, ch. 5, FSSLA 1994, as amended by sec. 9, ch. 1, SSSLA 1994, AS 37.14.013, 37.14.023, AS 47.30.546, and sec. 44, ch. 5, FSSLA 1994 were repealed. Please publish this memorandum in the Senate Journal at your first opportunity. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to the Joint Session at 8:00 p.m. Without objection, the Senate recessed at 11:33 p.m. AFTER RECESS JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Pearce at 8:01 p.m. The purpose of the Joint Session was to hear the Honorable Tony Knowles, Governor, deliver his State of the State address. 1995-01-17 Senate Journal Page 0038 Senator Halford moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. Without objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. Without objection, it was so ordered. President Pearce introduced the Lieutenant Governor of the State of Alaska, the Honorable Fran Ulmer. President Pearce introduced the First Lady of the State of Alaska, Susan Knowles and children, Devon, Luke and Sara. President Pearce introduced the Governor's Chief of Staff, Jim Ayers and Legislative Director, Pat Pourchot. The following Governor's cabinet members were introduced by President Pearce: Commissioner Gerald Covey Department of Education Attorney General Bruce Botelho Department of Law President Jerome Komisar University of Alaska Commissioner designee Mark Boyer Department of Administration Commissioner designee Willie Hensley Department of Commerce and Economic Development Commissioner designee Mike Irwin Department of Community and Regional Affairs Commissioner designee Gene Burden Department of Environmental Conservation 1995-01-17 Senate Journal Page 0039 Commissioner designee Karen Perdue Department of Health and Social Services Commissioner designee Tom Cashen Department of Labor Major General designee Jake Lestenkof Department of Military and Veterans Affairs Commissioner designee John Shively Department of Natural Resources Commissioner designee Ron Otte Department of Public Safety Commissioner designee Wil Condon Department of Revenue Commissioner designee Joe Perkins Department of Transportation and Public Facilities President Pearce appointed Representative Mackie and Senator Salo to escort Governor Knowles to the Joint Session. The Senate Sergeant-at-Arms announced the Governor's entrance to the House Chamber. The Honorable Tony Knowles was escorted to the rostrum and introduced by President Pearce. Governor Knowles delivered the State of the State address. This address appears in Senate and House Joint Journal Supplement No. 1. Following his address, the Governor received a standing ovation and was escorted from the chamber by Senator Salo and Representative Mackie. Senator Halford moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Pearce adjourned the Joint Session at 8:37 p.m. 1995-01-17 Senate Journal Page 0040 AFTER RECESS IN THE SENATE The Senate reconvened at 8:41 p.m. ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Miller moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 18, 1995. Without objection, the Senate adjourned at 8:42 p.m. Nancy Quinto Acting Secretary of the Senate January 1995 1995-01-17 Senate Journal Page 0041 ANNOUNCEMENTS NOTICE - AMERICANS WITH DISABILITIES ACT Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES JUDICIARY BELTZ ROOM 211 JAN 17 TUESDAY 9:00 AM CONSIDERATION OF SELECT COMMITTEE ON ETHICS PUBLIC MEMBERS ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 JAN 19 THURSDAY 1:30 PM ORGANIZATIONAL MEETING JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW BUTROVICH 205 JAN 24 TUESDAY 12:00 PM ORGANIZATIONAL MEETING ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH 205 JAN 17 TUESDAY 1:15 PM NEW CHAIR SELECTION 1995-01-17 Senate Journal Page 0042 OTHER COMMITTEES STATE OF THE STATE HOUSE CHAMBER JAN 17 TUESDAY 8:00 PM JOINT SESSION: STATE OF THE STATE ..HONORABLE TONY KNOWLES, GOVERNOR JAN 19 THURSDAY 8:00 PM JOINT SESSION: BUDGET MESSAGE ..HONORABLE TONY KNOWLES, GOVERNOR