Legislature(1995 - 1996)
1996-01-08 Senate Journal
Full Journal pdf1996-01-08 Senate Journal Page 2051 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday First Day Pursuant to adjournment the Senate was called to order by President Pearce at 10:14 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor Kermit Wilson of the First Church of God. Senator Duncan moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, You told Your people long ago: Forget the former things; do not dwell on the past, See, I am doing a new thing! Now it springs up; do you not perceive it? (Isaiah 43:18, 19) We thank You for this another year of new things. May Your blessings be upon this Legislature. Thank You for these Senators, their families, for the commitments and sacrifices they have made to serve Alaska. May they be able to put the past behind and move on in the newness of opportunities which exist. Grant to these our leaders Your perception of vision and wisdom as they face the challenges of these times and those ahead. May personalities, prejudices and personal agendas not be barriers to serving the needs of all Alaskans. Give unity, insight and collective purpose so at the end of this session the quality of life and the future is more secure. In the name of Jesus Christ. Amen. 2051 1996-01-08 Senate Journal Page 2052 An honor guard of members from the Tongass Alaska Girl Scout Council, Sara Ginter, Claire Gross, Casey Guertin, Lauren Hale, Margaret Katzeek, Heather Mahr, Kaitlin Mahr, Jennifer Stevenson, Shira Trick, Cindy Troxler and Stephanie Troxler presented the colors and led the Senate in the Pledge of Allegiance. State Balladeer Hobo Jim of Soldotna sang the State Song, Alaskas Flag. CERTIFICATION Senator Halford moved and asked unanimous consent that the journals for the one hundred twentieth and one hundred twenty-first legislative days, the First and Final Journal Supplements and Senate Journal Supplement No. 7 for the First Session of the Nineteenth Legislature be approved as certified by the Secretary. Without objection, it was so ordered. President Pearce appointed Senator Donley and Senator Leman to notify the Governor that the Senate was ready to do business. President Pearce appointed Senator Adams and Senator Phillips to notify the House that the Senate was ready to do business. MESSAGES FROM THE GOVERNOR Letter dated January 2 was read, stating: Under the provisions of art III, section 18 of the Alaska Constitution, I am requesting the opportunity to address a Joint Session of the Nineteenth Alaska State Legislature on Tuesday, January 9, 1996, at 8:00 p.m. for presentation of the State of the State Address, and Thursday, January 11, 1996, at 8:00 p.m. for presentation of the State of the Budget Address. Thank you for your cooperation in this effort. I look forward to a successful session. Sincerely, /s/ Tony Knowles Governor 1996-01-08 Senate Journal Page 2053 Letter dated January 4 was read, stating: Pursuant to my authority under article II, section 4 of the Alaska Constitution, I am pleased to announce I have appointed Don Long to fill the vacancy in the Office of Representative for House District 37, in the Alaska State House of Representatives. Mr. Long will hold this appointment until a successful candidate for the Office of Representative is elected and sworn into office to represent House District 37. Sincerely, /s/ Tony Knowles Governor MESSAGES FROM THE HOUSE Message dated January 3 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Nineteenth Alaska State Legislature on Tuesday, January 9, 1996, at 8:00 p.m. for presentation of the State of the State Address and again on Thursday, January 11, 1996, at 8:00 p.m. for presentation of the State of the Budget Address. Senator Halford moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. COMMUNICATIONS Letter dated December 18, 1995, from Allen T. Compton, Chief Justice, Alaska Supreme Court, was read, stating: 1996-01-08 Senate Journal Page 2054 Pursuant to AS 24.60.130, I select Joseph Donahue and Edith Vorderstrasse each to serve another term as public members of the Select Committee on Legislative Ethics commencing January 1, 1996. Senator Halford moved that Joseph Donahue and Edith Vorderstrasse be confirmed as public members to the Select Committee on Legislative Ethics. The question being: Shall Joseph Donahue and Edith Vorderstrasse be confirmed as public members to the Select Committee on Legislative Ethics? The roll was taken with the following result: Shall Joseph Donahue and Edith Vorderstrasse be confirmed as Public Members 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, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, Joseph Donahue and Edith Vorderstrasse were confirmed by the Senate. The Secretary was requested to notify the House. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 31 SENATE JOINT RESOLUTION NO. 31 BY SENATOR PEARCE, Proposing an amendment to the Constitution of the State of Alaska relating to voter ratification of legislative approval of amendments of the Alaska Statehood Act affecting an interest of the State of Alaska under that Act. was read the first time and referred to the Judiciary and Finance Committees. (Prefile released December 29, 1995) 1996-01-08 Senate Journal Page 2055 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 181 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181 BY SENATORS GREEN, Pearce, Halford, Frank, Miller, Sharp, entitled: An Act relating to the promotion of Alaska businesses through signs, displays, and devices within or adjacent to highway rights-of-way, to municipal regulation of directional signs, displays, and devices, and to penalties for violations related to outdoor advertising. was read the first time and referred to the State Affairs Committee. SB 188 SENATE BILL NO. 188 BY SENATORS TAYLOR AND MILLER, entitled: "An Act relating to reports of suspected child abuse or neglect, and requiring that, as part of the investigation of the reports of suspected child abuse or neglect, all official interviews with children who are alleged to have been abused or neglected be videotaped." was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. (Prefile released December 29, 1995) SB 189 SENATE BILL NO. 189 BY SENATORS TAYLOR, Pearce, entitled: "An Act relating to a ban on the export of unprocessed timber from state forest land." was read the first time and referred to the Resources Committee. (Prefile released December 29, 1995) 1996-01-08 Senate Journal Page 2056 SB 190 SENATE BILL NO. 190 BY SENATORS TAYLOR, Leman, Kelly, Pearce, entitled: "An Act establishing a residency requirement for auctions of state land." was read the first time and referred to the Resources Committee. (Prefile released December 29, 1995) SB 191 SENATE BILL NO. 191 BY SENATORS KELLY, Phillips, entitled: "An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns by the Alaska Public Offices Commission, the activities of lobbyists that relate to election campaigns, and the definitions of offenses of campaign misconduct; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. (Prefile released December 29, 1995) SB 192 SENATE BILL NO. 192 BY SENATORS TAYLOR, Halford, Leman, Pearce, Green, entitled: "An Act accepting transfer to the state of the Tongass National Forest land from the United States; and providing for an effective date." was read the first time and referred to the Resources Committee. (Prefile released December 29, 1995) SB 193 SENATE BILL NO. 193 BY SENATORS SALO, Donley, Ellis, entitled: "An Act requiring insurance coverage for certain costs of birth; and providing for an effective date." 1996-01-08 Senate Journal Page 2057 SB 193 was read the first time and referred to the Labor and Commerce Committee. (Prefile released December 29, 1995) SB 194 SENATE BILL NO. 194 BY SENATORS KELLY, Phillips, Leman, Pearce, Green, entitled: "An Act relating to offenses associated with criminal street gangs, and to sentencing for those offenses; and amending Rule 702(a), Alaska Rules of Evidence." was read the first time and referred to the Judiciary Committee. (Prefile released December 29, 1995) SB 195 SENATE BILL NO. 195 BY SENATOR ZHAROFF, entitled: "An Act extending the deadline by which a taxpayer may claim a fisheries business tax credit for the taxpayer's contributions to the A. W. Winn Brindle memorial scholarship account; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. (Prefile released December 29, 1995) SB 196 SENATE BILL NO. 196 BY SENATOR ZHAROFF, entitled: "An Act naming the new maritime ferry vessel Koniag." was read the first time and referred to the Transportation and State Affairs Committees. (Prefile released December 29, 1995) 1996-01-08 Senate Journal Page 2058 SB 197 SENATE BILL NO. 197 BY SENATORS DONLEY, Ellis, Salo, entitled: "An Act prohibiting increases in health insurance premiums if the insured is a victim of domestic violence." was read the first time and referred to the Labor and Commerce Committee. (Prefile released January 5, 1996) SB 198 SENATE BILL NO. 198 BY SENATOR TORGERSON, entitled: "An Act establishing the Homer Airport Critical Habitat Area." was read the first time and referred to the Resources and Finance Committees. (Prefile released January 5, 1996) SB 199 SENATE BILL NO. 199 BY SENATORS LEMAN, Pearce, entitled: "An Act relating to environmental audits and health and safety audits to determine compliance with certain laws, permits, and regulations; and amending Alaska Rules of Appellate Procedure 202, 402, 602, 603, 610, and 611." was read the first time and referred to the Resources Committee. (Prefile released January 5, 1996) SB 200 SENATE BILL NO. 200 BY SENATOR ADAMS, entitled: 1996-01-08 Senate Journal Page 2059 SB 200 "An Act approving a reduction in the amount due the State of Alaska from money received by the United States under the federal mineral leasing laws from the leasing for and production of oil and gas on certain federal public land located on the coastal plain of the Arctic National Wildlife Refuge; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. (Prefile released January 5, 1996) SB 201 SENATE BILL NO. 201 BY SENATOR LINCOLN, entitled: "An Act relating to the employment of emergency fire-fighting personnel by the commissioner of natural resources." was read the first time and referred to the Resources and Finance Committees. (Prefile released January 5, 1996) SB 202 SENATE BILL NO. 202 BY SENATOR LEMAN, entitled: An Act relating to the State Board of Registration for Architects, Engineers, and Land Surveyors. was read the first time and referred to the Labor and Commerce Committee. SB 203 SENATE BILL NO. 203 BY SENATOR DUNCAN, entitled: An Act establishing the Legislative Task Force on Recycling Industries Development in Alaska; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. 1996-01-08 Senate Journal Page 2060 SB 204 SENATE BILL NO. 204 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to teacher evaluation, teacher tenure, teacher continuing employment status, teacher layoff and rehire rights, and the rights of teachers to obtain review of decisions of nonretention or dismissal; relating to public access to certain information on, and public participation in, public school collective bargaining; and providing for an effective date. was read the first time and referred to the State Affairs, Health, Education and Social Services and Judiciary Committees. Zero fiscal note published today from Department of Education. Governors transmittal letter dated January 8: Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that addresses a number of issues related to promoting professional excellence in education. Last summer I vetoed similar legislation that was divisive and did not adequately address the real problems that face our educational system. With my veto, I promised an opportunity to seek a compromise with which the Alaska educational family would agree. A committee met and provided me with a proposal that addresses all of the issues contained in the vetoed legislation and that additionally highlights the importance of the evaluation process. This legislation lengthens the probationary period for teachers; supports professional competence as a basis for achieving and maintaining "continuing employment status"; focuses on a strong supervision and evaluation process that provides special support for teachers new to the profession; revises appeal procedures regarding dismissal and nonretention decisions; provides for the development of locally determined procedures to address teacher layoff and recall; and increases public access to information on the collective bargaining process. 1996-01-08 Senate Journal Page 2061 SB 204 This legislation is the product of the efforts of parents, school board members, teachers, administrators, Department of Education employees, and others. While these groups often voice different views and perspectives, in this instance they worked together and produced a bill that I believe begins to improve education in this state. The bill requires each school district to adopt a professional assessment system to be used to evaluate that districts teachers. (Under existing law, "teacher" includes administrators and others). The assessment systems will be developed with input from parents, students, community members, classroom teachers, and administrators and will focus on improving the performance of the professional staff. The assessment systems will contain provisions specifically designed to assist teachers new to the profession. The bill replaces the current statutory term "tenure" with the phrase "continuing employment status" and increases from two to three the number of years that a teacher must be continuously employed with a district before acquiring continuing employment status. Although tenured teachers have always been subject to dismissal or nonretention for unsatisfactory performance, tenure nevertheless connotes to many a right to lifelong employment in a school district. Under this bill, a teacher earns a right to continuing employment status in a district by receiving a satisfactory evaluation in a third year of continuous employment with the district, among other requirements. The bill also clarifies that, before acquiring continuing employment status, a teacher is on probationary status. Several statutes are amended in the bill without substantive change in order to replace "tenure" with "continuing employment status" or to add the term "probationary." I believe that use of the new phrase to describe the right to continued employment, coupled with the important substantive changes made by this bill, signals a healthy shift in focus in the area of teacher employment. 1996-01-08 Senate Journal Page 2062 SB 204 The bill permits school districts to place continuing employment status teachers on layoff status as a result of financial emergency or a decrease in enrollment. Before such teachers are placed on layoff status, however, all probationary teachers must first be nonretained (unless there is no qualified continuing employment status teacher to replace a probationary teacher). Local districts will adopt reduction- in-force plans that identify procedures related to layoff and rehire. The bill also identifies several routes for review of a local boards decision to dismiss or nonretain a teacher and gives the public more access to collective bargaining information. A sectional description of the bill is available from the Department of Education. I urge your prompt consideration and passage of this important bill. Sincerely, /s/ Tony Knowles Governor SB 205 SENATE BILL NO. 205 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a drivers license, privilege to drive, or privilege to obtain a license; amending Alaska Rule of Criminal Procedure 32.1; and providing for an effective date. was read the first time and referred to the State Affairs, Health, Education and Social Services, Judiciary and Finance Committees. Fiscal notes published today from Department of Law, Department of Public Safety, Department of Health and Social Services (3), Department of Administration, Department of Corrections. Zero fiscal note published today from Department of Public Safety. 1996-01-08 Senate Journal Page 2063 SB 205 Governors transmittal letter dated January 8: Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that replaces the joyriding provisions in the criminal mischief statutes with the new crime of vehicle theft, and provides that first degree vehicle theft is a class C felony. Last year I vetoed a bill also dealing with car theft. Unlike this proposed legislation, last years bill dealt only with juvenile offenders. It would have automatically waived all juveniles charged with joyriding to adult court, regardless of their age, their criminal history, and the seriousness of the offense. This would result in widely diverse and unfair treatment of juveniles who commit theft offenses--a juvenile who borrowed a snowmobile would have a permanent record, while another who stole valuable property during a burglary would be prosecuted as a juvenile, with no permanent criminal record. Further, the Legislature failed to fully fund the fiscal notes accompanying the bill. This bill changes the name of the prohibited conduct from joyriding or criminal mischief to vehicle theft; both imply a childish lark or prank, which is offensive to victims of the crime and is not an accurate description of this dangerous behavior. It creates two new sections in the criminal code--vehicle theft in the first and second degree. Vehicle theft in the first degree prohibits any taking of a motor vehicle, and raises the penalty for first time car thieves from a class A misdemeanor to a class C felony. Thus, the penalty for first time car theft is increased from a maximum one year in jail to a maximum five years in jail and the fine is raised from a maximum $5,000 to a maximum $50,000. Vehicle theft in the second degree prohibits a first offense theft of vehicles such as snowmachines and other off-highway vehicles. Vehicle theft in the second degree is a class A misdemeanor, which is the penalty provided for this offense in current law. 1996-01-08 Senate Journal Page 2064 SB 205 Under this vehicle theft bill, juveniles who steal vehicles will be treated like juveniles who steal other property--waived into adult court if they are not amenable to treatment and dealt with in juvenile court if they are amenable to treatment. By providing that first offense vehicle theft is a class C felony rather than a misdemeanor, the division of family and youth services in the Department of Health and Social Services will have a much more effective tool for holding juveniles accountable for their acts. The bill also adds the conviction of either first or second degree vehicle theft to the statute authorizing immediate revocation of driving privileges, and provides for mandatory revocation of driving privileges by the court when a person is convicted of vehicle theft in the first or second degree. For the bill to be effective in reducing vehicle theft in Alaska, the state agencies responsible for enforcing it must be fully funded. The division of family and youth services, which administers the juvenile justice system, must have additional probation officers; and the Department of Corrections must be funded for the additional costs of incarceration and supervision of car thieves. Prosecution of felonies is more expensive for the Department of Law, and administrative costs for the division of motor vehicles in the Department of Public Safety will increase as a result of the automatic license revocation for persons convicted of vehicle theft. A safer and more secure place to own and operate a vehicle will result from the passage and funding of this legislation. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor SB 206 SENATE BILL NO. 206 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: 1996-01-08 Senate Journal Page 2065 SB 206 An Act relating to welfare reform by establishing the Alaska Family Independence Program; repealing the aid to families with dependent children and job opportunity and basic skills programs; relating to an exemption to Alaska Wage and Hour Act for certain work activities of the Alaska Family Independence Program; relating to the duty to support children of minor parents; relating to certain licenses and applications for a license for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to an exemption to the state procurement code for certain services for the general relief program and Alaska Family Independence Program; relating to eligibility for day care benefits administered by the Department of Community and Regional Affairs; authorizing the Department of Health and Social Services to operate a public assistance program consistent with the Alaska Family Independence Program under federal waivers and providing certain immunity from liability for activities of that program; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs, Health, Education and Social Services, Judiciary and Finance Committees. Fiscal notes published today from Department of Health and Social Services (5), Department of Commerce and Economic Development (3), Department of Revenue, Department of Labor (2), Department of Education, Department of Public Safety. Zero fiscal notes published today from Department of Law, Department of Health and Social Services, Department of Administration, Department of Fish and Game, Department of Community and Regional Affairs, Department of Labor, Department of Environmental Conservation, Department of Public Safety. Governors transmittal letter dated January 8: Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill designed to reform our welfare system, move more Alaskans into jobs, and save the state millions of dollars over the next five years. 1996-01-08 Senate Journal Page 2066 SB 206 The bill establishes the Alaska Family Independence Program while repealing the former Aid to Families with Dependent Children and Job Opportunity and Basic Skills programs. This plan stresses job training and child-care funding, but also sets a five-year limit on public assistance benefits and orders most welfare recipients into work or training programs within two years. Last years welfare reform measure that I vetoed was tough on children. Its provisions would have barred a child whose parents use the program from ever receiving help again in his or her lifetime. This bill orders tough work requirements while protecting Alaskas children. Last year, I submitted a welfare reform bill that directed the Department of Health and Social Services to seek approval from the federal government to operate waiver programs as demonstration projects. This bill builds on my previous proposal and the proposal unanimously adopted by the House. It also incorporates the publics observations as expressed in extensive public hearings conducted over the summer. All of the changes I propose will continue to focus on reshaping our public assistance programs to help families achieve economic independence. This bill contains four major elements: 1) establishes a new family independence program that is designed to move families from dependency to self-sufficiency by providing temporary assistance and job-related services; 2) establishes a grandparent support obligation when a minor has a child; 3) restricts professional, occupational and drivers licenses if a parent is not providing support in accordance with an established support order; and 4) authorizes the department to initiate the new program under waivers if federal welfare reform is not accomplished. Even though the federal welfare reform bill has not yet been enacted, this measure fits well within the parameters of likely federal reform scenarios. If federal law changes are enacted during the legislative session, I will promptly inform the legislature of any necessary conforming amendments. If federal law changes are not enacted this year, the state will still be in a position to move forward with a dramatic new program designed to help families achieve economic independence. 1996-01-08 Senate Journal Page 2067 SB 206 This bill will enable the state to reshape its public assistance program to meet Alaskas unique circumstances and to provide opportunities for dependent families to move to self-sufficiency in the workplace. I urge your support of this bill. Sincerely, /s/ Tony Knowles Governor SB 207 SENATE BILL NO. 207 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act authorizing the issuance and sale of revenue bonds to fund public wastewater systems, nonpoint source water pollution control projects, including solid waste management systems, and estuary conservation and management projects; authorizing the use of the Alaska clean water fund to pay and secure the bonds and to pay costs related to issuance and administration of the bonds; authorizing certain measures to secure payment of the bonds; and amending Alaska Rule of Civil Procedure 3. was read the first time and referred to the Community and Regional Affairs, State Affairs, Judiciary and Finance Committees. Zero fiscal notes published today from Department of Revenue, Department of Environmental Conservation. Governors transmittal letter dated January 8: Dear President Pearce: 1996-01-08 Senate Journal Page 2068 SB 207 Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill to authorize the state bond committee to issue and sell state revenue bonds to fund public wastewater treatment systems, solid waste management systems, nonpoint source water pollution control projects, and estuary conservation and management projects. This bill also authorizes the Department of Environmental Conservation to use the Alaska clean water fund, a revolving loan fund, as security for the payment of the principal and interest on the bonds, provided the bond proceeds are deposited in the fund. By using the fund as security for the bonds, the state will be able to leverage or increase the amount of money in the fund that is available to municipalities and state agencies for water pollution control projects. Section 2 of the bill provides the legal framework for the bond issuance and sale. This section is patterned after the international airports revenue bonds statutes, and establishes a cooperative relationship between DEC, which administers the Alaska clean water fund, and the state bond committee, which will administer the bond program. The bill requires the state bond committee to conduct its activities in the best interests of the state and its inhabitants, in a manner that will accomplish the most advantageous sale of the bonds, with due regard for the continued funding of projects under the Alaska clean water fund program. Sections 3-12 of the bill amend the clean water fund loan program to clarify the statute. It authorizes DEC to use the fund to secure state-issued bonds and to make other amendments necessary to acknowledge the bond-issuance and repayment process. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor SB 208 SENATE BILL NO. 208 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: 1996-01-08 Senate Journal Page 2069 SB 208 An Act making a supplemental appropriation from the general fund to cover shortfalls in federal receipts caused by an impasse in enacting the 1996 federal budget; relieving conditions on the expenditure of general fund matching appropriations; and providing for an effective date. was read the first time and referred to the Finance Committee. Governors transmittal letter dated January 8: Dear President Pearce: Under the authority of art. III, sec. 18 of the Alaska Constitution, I am transmitting a bill making a supplemental appropriation that would provide "bridge financing" from the general fund to operate certain federally-funded activities pending resolution of the federal budget impasse and making necessary changes related to conditions on certain fiscal year 1996 appropriations. The President and the Congress have been deadlocked over the proposed enactment of several appropriation bills. These bills contain amounts that would finance administrative costs and benefit payments for several programs providing essential assistance to Alaskans. The most pressing concern is caused by the lack of timely receipt of federal money to pay employees of the division of employment security in the Department of Labor. This division is responsible for the payment of unemployment insurance benefits to over 19,000 families. The administrative costs of this division are financed from the part of the federal budget that is in dispute between the President and Congress. Federal money to pay the salaries of employees engaged in operating the occupational safety and health programs of the state (OSHA) may also be unavailable during the impasse. Section 2 of the bill makes an appropriation from the general fund to provide the necessary "bridge financing." 1996-01-08 Senate Journal Page 2070 SB 208 Other essential benefit programs administered by the Department of Health and Social Services are nearing the end of available federal money. These programs include Medicaid, aid to families with dependent children, and "meals on wheels". Our ability to carry on with the provision of benefits is not immediately threatened because these programs also receive general fund matching money that could be expended on an accelerated basis to cover the immediate costs of benefits. Section 3 of the bill contains a provision that would authorize program managers to spend matching money without regard to any requirement to also receive corresponding federal money. All of the foregoing provisions would be made subject to the express intent that the Administration do whatever is necessary to recover full reimbursement from the federal government. There has been no suggestion from the responsible federal agencies that reimbursement would be unavailable upon enactment of the federal budget. Responsible state officials will be instructed to do whatever is necessary to preserve our limited general fund money. The advice of the legislative budget and audit committee concerning this matter was sought during a special meeting held in Juneau on January 5, 1996. Depending on recent developments in the Congress, it may not be necessary to provide for immediate "bridge financing." However, as suggested by members of the legislative budget and audit committee, it is prudent to introduce this bill so that it may serve as the vehicle for addressing any other problems that may arise during the federal budget impasse. I urge your favorable consideration of this bill. Sincerely, /s/ Tony Knowles Governor 1996-01-08 Senate Journal Page 2071 EO 92 EXECUTIVE ORDER NO. 92 Transferring the duties in the Department of Natural Resources to consolidate the division of oil and gas and the division of geological and geophysical surveys into a division of oil, gas, and geology in that department. was referred to the Resources and Finance Committees, simultaneously. Zero fiscal note published today from Department of Natural Resources. Governors transmittal letter dated January 8: Dear President Pearce: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order transferring duties to accomplish the consolidation of two divisions in the Department of Natural Resources. This Executive Order consolidates the division of oil and gas and the division of geological and geophysical surveys in the department. The name of the new consolidated division is the division of oil, gas, and geology. I believe that the consolidation is in the best interests of efficient administration and that the transfer will permit closer coordination within state government regarding its mineral exploration policy. Moreover, the consolidation means a savings of $50,000 for the state. I urge your support of this Executive Order. Sincerely, /s/ Tony Knowles Governor 1996-01-08 Senate Journal Page 2072 EO 93 EXECUTIVE ORDER NO. 93 Transferring the responsibility for the Alaska regional economic assistance program from the Department of Commerce and Economic Development to the Department of Community and Regional Affairs. was referred to the Community and Regional Affairs, Labor and Commerce and Finance Committees, simultaneously. Zero fiscal notes published today from Department of Community and Regional Affairs, Department of Commerce and Economic Development. Governors transmittal letter dated January 8: Dear President Pearce: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order to transfer the Alaska regional economic assistance program (AS 44.33.026) from the Department of Commerce and Economic Development (DCED) to the Department of Community and Regional Affairs (DCRA). The transfer of this program to DCRA is in the interest of more efficient functioning of state government. There are already several loan programs administered by DCRA to encourage rural economic development. Because the Alaska regional economic assistance program has essentially the same goals, placing this program in DCRA should result in more efficient operation. I urge your support of this Executive Order. Sincerely, /s/ Tony Knowles Governor 1996-01-08 Senate Journal Page 2073 EO 94 EXECUTIVE ORDER NO. 94 Transferring the functions and duties of the division of international trade to the Department of Commerce and Economic Development. was referred to the Labor and Commerce and Finance Committees, simultaneously. Zero fiscal note published today from Department of Commerce and Economic Development. Governors transmittal letter dated January 8: Dear President Pearce: Under the authority of art. III, sec. 23, of the Alaska Constitution, and in accordance with AS 24.08.210, I am transmitting an Executive Order to formally transfer the functions of the division of international trade to the Department of Commerce and Economic Development (department). The department intends to continue its administrative assignment of these functions to the division of trade and development in that department. This action formally changes the statutes to reflect what has already been done administratively to increase the efficiency of the department. With both domestic and foreign arms of the economic development mission working closely together, the programs can be harmonized to produce the best possible results. This action will also result in cost savings as certain duplicate administrative functions have been eliminated. I urge your support of this Executive Order to streamline state government operations. Sincerely, /s/ Tony Knowles Governor 1996-01-08 Senate Journal Page 2074 EO 95 EXECUTIVE ORDER NO. 95 Transferring the responsibility for the licensing and regulating of big game guides and related occupations to the Department of Commerce and Economic Development. was referred to the Resources and Finance Committees, simultaneously. Fiscal note published today from Department of Commerce and Economic Development. Zero fiscal notes published today from Department of Fish and Game, Department of Natural Resources, Department of Law, Department of Public Safety. Governors transmittal letter dated January 8: Dear President Pearce: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order formally transferring certain functions previously performed by the Big Game Commercial Services Board. These functions are currently being performed by the Department of Commerce and Economic Development under my Administrative Order No. 159. The formal transfer of the functions accomplished through this Executive Order is intended to clarify the current legal situation to be sure that the vital services of licensing and regulation of guides and related professions continue without the cloud on their legal authority. The state is presently in litigation over the appropriateness of my Administrative Order assigning the functions to the Department of Commerce and Economic Development when the legislature allowed the Big Game Commercial Services Board to sunset but did not formally repeal the underlying guide licensing and other regulatory statutes. The formal transfer of the functions relating to the licensing and regulating of guides and related occupations is in the best interest of Alaskans to protect and manage the harvest of our vital game resources and to be sure that only trained and licensed guides are involved to meet health and safety concerns. 1996-01-08 Senate Journal Page 2075 EO 95 I request your support of this Executive Order to formally transfer these important functions and administrative responsibilities. Sincerely, /s/ Tony Knowles Governor EO 96 EXECUTIVE ORDER NO. 96 Transferring the responsibility for the administration of the Alaska childrens trust to a new Alaska Childrens Trust Board in the Office of the Governor. was referred to the Health, Education and Social Services and Finance Committees, simultaneously. Fiscal notes published today from Office of the Governor, Department of Revenue. Zero fiscal notes published today from Department of Community and Regional Affairs, Department of Public Safety, Department of Corrections, Department of Education. Governors transmittal letter dated January 8: Dear President Pearce: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order designed to help promote community-based initiatives to strengthen Alaskas families and children. This is a first step in this administrations goal of breaking the cycle of child neglect, abuse, exploitation, and delinquency. The Executive Order transfers certain functions now assigned to the Alaska Human Relations Commission for the Alaska Childrens Trust Fund to a new trust board within the Office of the Governor. Under the direction of the new board, the childrens trust will supplement services the state already provides to families and children. 1996-01-08 Senate Journal Page 2076 EO 96 Because Alaska leads the nation in per capita cases of child abuse and neglect, this is a vital reorganization. The Childrens Trust was created by the legislature in 1988 to help combat child abuse and neglect, but has never been funded. Its time to change that. I believe there must be a reliable source of money to fund community projects that focus on prevention, early intervention and related services. This reorganization will give these services a higher priority than they have under existing law. The Childrens Trust, as designed by the legislature, will be funded through gifts, bequests and contributions of cash or other assets from individuals, corporate entities, legislative appropriations and federal matching funds. It will act as a permanent fund; only the earnings of the trust account will be spent. Grants from the trust will fund creative, community-based initiatives that otherwise might not find a funding source. The trust grant awards are not intended to replace or supplant regular funding for state programs. It is appropriate to transfer oversight of the childrens trust from the Alaska Human Relations Commission to the new trust board. The boards mission is to help finance community programs that address the problems of families and children. Under current statute, the Alaska Human Relations Commission has so many diverse responsibilities that its ability to focus on the problems of child abuse and neglect may be diluted. What we need instead is a focused, well-financed effort to change the child abuse and neglect statistics in Alaska. The transfer of responsibilities set out in this Executive Order will help us do just that. I request your support in this effort that will mean so much for Alaska families. Sincerely, /s/ Tony Knowles Governor 1996-01-08 Senate Journal Page 2077 EO 97 EXECUTIVE ORDER NO. 97 Transferring and merging the student aid and educational institution regulation functions of the Alaska Commission on Postsecondary Education into the Alaska Student Loan Corporation; moving the commissions remaining policy and planning functions to the Department of Education; renaming the corporation as the Alaska Student Aid Corporation; establishing an expanded seven-member board of the corporation; and placing the corporation under the Department of Revenue. was referred to the Health, Education and Social Services and Finance Committees, simultaneously. Fiscal note published today from Department of Education. Zero fiscal notes published today from Department of Revenue (2), Department of Education (2). Governors transmittal letter dated January 8: Dear President Pearce: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order relating to the transfer of functions of the Alaska Commission on Postsecondary Education. This Executive Order is the first step in creating a new management structure to provide for the long-term stability of the Alaska student aid programs. This new structure should assure the financial community of Alaskas continued commitment to the financial viability of that program. Additionally, the transfer will streamline the student aid program and help integrate postsecondary education into the comprehensive statewide plan for education and training in the Department of Education. The Executive Order accomplishes these goals in three ways. 1996-01-08 Senate Journal Page 2078 EO 97 First, the Executive Order eliminates the 14-member Alaska Commission on Postsecondary Education and transfers many of its functions to the Alaska Student Loan Corporation. That corporation is, in turn, renamed the Alaska Student Aid Corporation with an expanded board of seven members. This should reduce costs and result in a better integrated program. Second, the Alaska Student Aid Corporation is transferred to the Department of Revenue. All management and administration functions of the Alaska Commission on Postsecondary Education for student aid funds are transferred to the corporation. These transfers should provide additional expertise and streamline the investment functions for the student loan funds. Third, the policy and planning functions of the postsecondary commission are transferred to the Department of Education. The department can provide the central focal point for all education programs, including postsecondary, to be sure that Alaskans can be competitive in todays workplace. I urge your support of this Executive Order. It will result in improved program operation while reducing administrative costs. These changes will help the vital student loan program become self- sufficient, so that low cost financial aid remains available to future generations of Alaskans pursuing postsecondary educational opportunities. Sincerely, /s/ Tony Knowles Governor 1996-01-08 Senate Journal Page 2079 UNFINISHED BUSINESS Message dated November 9, 1995, from President Pearce was received, stating: I appoint Senator Halford to the Citizens Advisory Committee on Federal Areas. SB 177 Senator Halford moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 177 An Act relating to permits to carry concealed handguns. Without objection, it was so ordered. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 9, 1996. Without objection, the Senate adjourned at 10:43 a.m. Nancy Quinto Secretary of the Senate January 1996 1996-01-08 Senate Journal Page 2080 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. Contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. + indicates teleconference STANDING COMMITTEE FINANCE SENATE FINANCE 532 JAN 10 WEDNESDAY 9:00 AM OIL AND GAS REVENUE UPDATE BY THE DEPARTMENT OF REVENUE ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 JAN 10 WEDNESDAY 9:00 AM + SB 185 IMMUNIZATION RECORD UPON CHILDS DEATH ***MEETING POSTPONED*** ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 JAN 09 TUESDAY 1:30 PM SB 178 SMALL EMPLOYER HEALTH INSURANCE JAN 11 THURSDAY 1:30 PM SB 119 MANDATORY MEDIATION/DESIGN PROF LAWSUITS ---------------------------------------- 1996-01-08 Senate Journal Page 2081 RESOURCES BUTROVICH ROOM 205 JAN 10 WEDNESDAY 3:30 PM + BRIEFING ON STATUS OF OIL AND GAS LEASES DEPARTMENT OF NATURAL RESOURCES, DIVISION OF OIL AND GAS: KEN BOYD, DIRECTOR ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 JAN 11 THURSDAY 3:30 PM SJR 24 CHANGE TIMING OF VETO OVERRIDE ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 JAN 09 TUESDAY 1:30 PM NO MEETING SCHEDULED JAN 11 THURSDAY 1:30 PM NO MEETING SCHEDULED JOINT COMMITTEE LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE ROOM JAN 08 MONDAY 2:00 PM APPROVAL OF AUDITS AND RPLS ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS BELTZ RM 211 JAN 09 TUESDAY 8:30 AM FULL COMMITTEE - TIME SUBJECT TO CHANGE 1. FY97 BUDGET REQUEST 2. EXTENSION OF LEGAL SERVICES CONTRACT 3. EXEMPTION OF CERTAIN EMPLOYEES/ETHICS CODE 4. PROPOSED AMENDMENTS TO SB 141 & HB 289 (AN ACT RELATING TO LEGISLATIVE ETHICS) 5. OPEN MEETINGS GUIDELINES 6. PROPOSED PROCEDURES/REVIEW OF CORRECTIVE ACTIONS/SANCTIONS 7. ADVISORY OPINION REQUEST: 96-1 EXECUTIVE SES HOUSE SUBCOMMITTEE WILL ALSO MEET CONTACT ETHICS COMMITTEE FOR MORE INFORMATION 1996-01-08 Senate Journal Page 2082 OTHER COMMITTEE SENATE SESSION SENATE CHAMBER JAN 08 MONDAY 10:00 AM THE SENATE WILL CONVENE AT 10:00AM 1/8/96 JOINT SESSIONS HOUSE CHAMBER JAN 09 TUESDAY 8:00 PM JOINT SESSION: STATE OF THE STATE ..HONORABLE TONY KNOWLES, GOVERNOR JAN 11 THURSDAY 8:00 PM JOINT SESSION: STATE OF THE BUDGET ..HONORABLE TONY KNOWLES, GOVERNOR