Legislature(1995 - 1996)
1996-05-09 Senate Journal
Full Journal pdf1996-05-09 Senate Journal Page 4205 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE FIRST SPECIAL SESSION Juneau, Alaska Thursday Second Day Pursuant to adjournment the Senate was called to order by President Pearce at 1:09 p.m. The roll showed eighteen members present. Senators Frank, Miller were absent. The prayer was offered by the Chaplain, Senator Leman. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Shout for joy to the Lord, all the earth. Worship the Lord with gladness; come before Him with joyful songs. Know that the Lord is God. It is He who made us, and we are His; we are His people, the sheep of His pasture. Enter His gates with thanksgiving and His court with praise; give thanks to Him and praise His name. For the Lord is good and His love endures forever, His faithfulness continues through all generations. Psalm 100 Dear God, As we begin the second day of this special session, I ask that You lead us -- so this time will indeed be special. I ask for strength of character, courage of our convictions and a resolve to finish the work before us in a way that honors You. For the many disappointed families who will need to wait for at least another day for our return, please provide comfort. In Jesus' name, Amen. 4205 1996-05-09 Senate Journal Page 4206 Senator Leman led the Senate in the pledge of allegiance. CERTIFICATION Senator Halford moved and asked unanimous consent that the journals for the one hundred twentieth legislative day of the Second Session and the first legislative day of the First Special Session of the Nineteenth State Legislature be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Frank, Miller was noted. CITATIONS Honoring - Anita Van Dyck Senator(s) Taylor, Zharoff, Duncan, Lincoln, Kelly, Leman, Pearce, Sharp, Salo, Green Representative(s) Grussendorf Honoring - Mary Kate Mayer, Alaska Distinguished Principal Award Representative(s) Masek, Ogan, Kohring Senator(s) Green, Halford, Zharoff, Duncan, Lincoln, Donley, Taylor, Kelly, Pearce, Sharp, Salo Honoring - Rachel Hall, Rhodes Scholar Senator(s) Leman, Zharoff, Duncan, Lincoln, Donley, Halford, Taylor, Kelly, Salo, Pearce, Sharp, Green, Miller Honoring - Arch Fry Senator(s) Lincoln, Zharoff, Duncan, Taylor, Kelly, Leman, Pearce, Sharp, Salo, Green Representative(s) Kubina In Memoriam - Belle Deacon Senator(s) Lincoln, Zharoff, Duncan, Taylor, Kelly, Leman, Pearce, Sharp, Salo, Green Representative(s) Nicholia 1996-05-09 Senate Journal Page 4207 In Memoriam - Dr. Mike Franklin Representative(s) Elton, Robinson Senator(s) Duncan, Zharoff, Lincoln, Taylor, Kelly, Leman, Salo, Pearce, Sharp, Green In Memoriam - Cleone Mae Hurst Hoffman Representative(s) Toohey, Senator(s) Zharoff, Duncan, Lincoln, Taylor, Kelly, Leman, Pearce, Sharp, Salo, Green In Memoriam - James Hutch Hutchison Representative(s) Vezey Senator(s) Sharp, Miller, Frank, Zharoff, Duncan, Lincoln, Halford, Taylor, Kelly, Leman, Pearce, Salo, Green Honoring - Representative Kay Brown Representative(s) Finkelstein Senator(s) Ellis, Zharoff, Hoffman, Lincoln, Pearce, Rieger, Sharp, Salo, Adams, Duncan Honoring - Michael S. Navarre for His Public Service Representative(s) Kubina, Brice, Brown, Davies, B. Davis, Elton, Finkelstein, Grussendorf, Long, Mackie, Robinson, Willis Senator(s) Salo, Pearce, Zharoff, Hoffman, Lincoln, Rieger, Sharp, Ellis, Adams, Duncan, Pearce Honoring - The Spirited Individuals for Organizations Responsible for Conceptualizing, Designing, Funding and Building Wasilla Wonderland Playground Senator(s) Green, Halford, Zharoff, Hoffman, Lincoln, Pearce, Sharp, Salo, Duncan, Leman Representative(s) Kohring, Masek, Ogan Honoring - Mable Fennimore Senator(s) Taylor, Duncan, Hoffman, Lincoln, Pearce, Sharp, Salo, Green Representative(s) Grussendorf Honoring - Aniak Girls Basketball Team Representative(s) Nicholia Senator(s) Lincoln, Duncan, Hoffman, Pearce, Leman, Taylor, Kelly, Sharp, Salo, Green 1996-05-09 Senate Journal Page 4208 Honoring - 1996 Cordova Wolverines Volleyball Team Representative(s) Kubina Senator(s) Lincoln, Duncan, Hoffman, Pearce, Leman, Taylor, Kelly, Sharp, Salo, Green Honoring - Robert Bob Kellar Representative(s) Kubina Senator(s) Lincoln, Duncan, Hoffman, Pearce, Leman, Taylor, Kelly, Sharp, Salo, Adams, Green Honoring - Charlie Boulding Representative(s) Nicholia Senator(s) Lincoln, Duncan, Hoffman, Rieger, Leman, Taylor, Kelly, Sharp, Salo, Adams, Green Honoring - Valdez Academic Decathlon Team, 1996 Small School State Champions Representative(s) Kubina Senator(s) Lincoln, Duncan, Hoffman, Pearce, Rieger, Leman, Taylor, Kelly, Sharp, Salo, Green Honoring - Tok Lady Wolverines Basketball Team Representative(s) Nicholia Senator(s) Lincoln, Duncan, Hoffman, Leman, Taylor, Kelly, Sharp, Salo, Green In Memoriam - Katherine Paul Greenway Mayo Representative(s) Nicholia Senator(s) Lincoln, Duncan, Hoffman, Pearce, Leman, Taylor, Kelly, Miller, Sharp, Salo, Green In Memoriam - Nena Roberts Representative(s) Nicholia Senator(s) Lincoln, Duncan, Hoffman, Pearce, Taylor, Kelly, Sharp, Salo, Green In Memoriam - James Walker Dayton Senator(s) Lincoln, Duncan, Hoffman, Pearce, Taylor, Kelly, Sharp, Salo, Green Representative(s) Nicholia 1996-05-09 Senate Journal Page 4209 In Memoriam - Benedict Jones, Jr. Senator(s) Lincoln, Duncan, Hoffman, Pearce, Taylor, Kelly, Sharp, Green Representative(s) Nicholia In Memoriam - Charles G. Forck Senator(s) Lincoln, Green, Duncan, Hoffman, Pearce, Taylor, Kelly, Sharp, Salo Representative(s) Kubina In Memoriam - Walter J. Peter Senator(s) Lincoln, Duncan, Hoffman, Pearce, Taylor, Kelly, Sharp, Salo, Green Senator(s) Nicholia Honoring - Aniak Boys Basketball Team Representative(s) Nicholia Senator(s) Lincoln, Sharp, Leman, Salo, Duncan, Green, Pearce, Halford, Taylor, Kelly Honoring - Specialist Lee Page, Soldier of the Year, Fort Wainwright Representative(s) Vezey Senator(s) Sharp, Miller, Leman, Salo, Duncan, Lincoln, Green, Pearce, Halford, Taylor, Kelly Honoring - Craig Campbell Representative(s) Kott Senator(s) Sharp, Miller, R. Phillips, Leman, Salo, Duncan, Lincoln, Green, Pearce, Halford, Taylor, Kelly Honoring - Lower Kuskokwim School District Scholars Representative(s) Ivan, Foster Senator(s) Hoffman, Adams, Sharp, Leman, Salo, Duncan, Lincoln, Green, Pearce, Halford, Taylor, Kelly Honoring - Suzi Lowell, House Chief Clerk Representative(s) Vezey Senator(s) Sharp, Leman, Salo, Duncan, Lincoln, Green, Pearce, Halford, Adams, Taylor, Kelly 1996-05-09 Senate Journal Page 4210 Honoring - House Assistant Chief Clerks of the Nineteenth Alaska Legislature Representative(s) Vezey Senator(s) Sharp, Leman, Salo, Duncan, Lincoln, Green, Pearce, Halford, Taylor, Kelly Honoring - Sean Riley, House Sergeant-at-Arms Representative(s) Vezey Senator(s) Sharp, Leman, Salo, Duncan, Lincoln, Green, Pearce, Halford, Miller, Taylor, Kelly Honoring - JR Wilcox, House Assistant Sergeant-at-Arms Representative(s) Vezey Senator(s) Sharp, Leman, Salo, Duncan, Lincoln, Green, Pearce, Halford, Miller, Taylor, Kelly Honoring - Second Session House Pages of the Nineteenth Alaska Legislature Representative(s) Vezey Senator(s) Sharp, Leman, Salo, Duncan, Lincoln, Green, Pearce, Halford, Adams, Ellis, Miller, Taylor, Kelly Honoring - Frank and Lynn Wince, Anchorage Fur Rendezvous King and Queen Regents Representative(s) Rokeberg Senator(s) Pearce, Sharp, Leman, Salo, Duncan, Lincoln, Halford, Taylor, Kelly Honoring - Chief Justice Daniel A. Moore, Jr. Representative(s) Rokeberg Senator(s) Pearce, Sharp, R. Phillips, Leman, Salo, Duncan, Lincoln, Halford, Miller, Taylor, Kelly Honoring - Gavel-to-Gavel Alaska Representative(s) Toohey Senator(s) Leman, Sharp, Salo, Duncan, Lincoln, Green, Pearce, Halford, Adams, Ellis, Rieger, Miller, Taylor, Kelly Honoring - BITTER Representative(s) Robinson Senator(s) Sharp, Salo, Duncan, Halford, Taylor, Kelly 1996-05-09 Senate Journal Page 4211 Honoring - Holland America Senator(s) Taylor, Sharp, Leman, Salo, Duncan, Lincoln, Green, Pearce, Halford, Ellis, Kelly In Memoriam - Dorothy Awes Haaland Representative(s) Vezey Senator(s) Sharp, Salo, Duncan, Lincoln, Green, Pearce, Halford, Taylor, Kelly In Memoriam - Walter Kiser Representative(s) Vezey Senator(s) Sharp, Miller, Salo, Duncan, Lincoln, Green, Pearce, Halford, Taylor, Kelly In Memoriam - Theodore Allen Wicken Representative(s) Vezey Senator(s) Sharp, Miller, Salo, Duncan, Lincoln, Green, Halford, Taylor, Kelly In Memoriam - Vernon Keezer, Sr. Representative(s) Ivan Senator(s) Hoffman, Sharp, Salo, Duncan, Lincoln, Green, Halford, Taylor, Kelly In Memoriam - Essie Assiyaq Lekander Representative(s) Ivan Senator(s) Hoffman, Sharp, Salo, Duncan, Lincoln, Green, Halford, Taylor, Kelly In Memoriam - Fredrick Edmond James Senator(s) Lincoln, Sharp, Salo, Duncan, Green, Halford, Taylor, Kelly Representative(s) Nicholia In Memoriam - Ruth Peger Representative(s) Vezey Senator(s) Sharp, Miller, Salo, Duncan, Lincoln, Green, Halford, Taylor, Kelly 1996-05-09 Senate Journal Page 4212 In Memoriam - Everett Drussell, Sr. Representative(s) Rokeberg Senator(s) Pearce, Sharp, Salo, Duncan, Lincoln, Donley, Green, Halford, Taylor, Kelly In Memoriam - E.C. "Curly" Bell Representative(s) Rokeberg Senator(s) Pearce, Sharp, Salo, Duncan, Lincoln, Donley, Green, Halford, Taylor, Kelly In Memoriam - Donald Hitchcock Representative(s) Rokeberg Senator(s) Pearce, Sharp, Salo, Duncan, Lincoln, Donley, Green, Halford, Taylor, Kelly In Memoriam - Leslie "Les" Bertrand Pace Representative(s) Rokeberg Senator(s) Green, Pearce, Sharp, Leman, Salo, Duncan, Lincoln, Donley, Halford, Taylor, Kelly Honoring - Roy M. Huhndorf Representative(s) G. Phillips Senator(s) Sharp, R. Phillips, Leman, Salo, Adams, Duncan, Lincoln, Green, Pearce, Halford, Rieger, Taylor, Kelly In Memoriam - Charles E. Urann Representative(s) Rokeberg Senator(s) Sharp, Salo, Duncan, Lincoln, Green, Pearce, Halford, Taylor, Kelly Honoring - Clark Middle School's Falcon Flash Representative(s) Martin, Senator(s) Sharp, R. Phillips, Leman, Salo, Duncan, Lincoln, Donley, Green, Pearce, Halford, Ellis, Taylor, Kelly Honoring - Dr. Gretchen Bersch Representative(s) Bunde Senator(s) Sharp, Salo, Duncan, Lincoln, Green, Pearce, Halford, Taylor, Kelly 1996-05-09 Senate Journal Page 4213 Honoring - Heather W. Bingaman Representative(s) Elton, Robinson Senator(s) Duncan, Lincoln, Donley, Zharoff, Hoffman, Miller, Taylor, Kelly Honoring - Ed Willis, Distinguished Public Servant Representative(s) Davies Senator(s) Halford, R. Phillips, Ellis, Lincoln, Salo, Adams, Donley, Leman, Zharoff, Hoffman, Duncan, Rieger, Miller, Taylor, Kelly Honoring - Kathy Marshall Representative(s) Robinson, Elton Senator(s) Duncan, Lincoln, Salo, Zharoff, Hoffman, Ellis, Taylor, Kelly Honoring - Representative Cynthia Toohey Representative(s) Bunde Senator(s) Lincoln, Salo, Leman, Rieger, Zharoff, Hoffman, Duncan, Pearce, Miller, Taylor, Kelly 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 SB 1005 Senator Kelly, Chair, moved and asked unanimous consent that the Labor and Commerce Committee referral be waived on SENATE BILL NO. 1005 An Act making, amending, and repealing appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. Without objection, the bill was referred to the State Affairs Committee. Senator Sharp, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on the bill. Without objection, the bill was referred to the Judiciary Committee. 1996-05-09 Senate Journal Page 4214 SB 1005 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on the bill. Without objection, the bill was referred to the Finance Committee. ANNOUNCEMENTS SB 1001 Senator Frank, Cochair, moved and asked unanimous consent that Uniform Rule 23 be waived on SENATE BILL NO. 1001 An Act making appropriations for the operating expenses of the executive branch of state government; and providing for an effective date for the Finance Committee meeting on May 9. Without objection, it was so ordered. SB 1002 Senator Frank, Cochair, moved and asked unanimous consent that Uniform Rule 23 be waived on SENATE BILL NO. 1002 An Act making and amending appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date for the Finance Committee meeting on May 9. Without objection, it was so ordered. SB 1003 Senator Frank, Cochair, moved and asked unanimous consent that Uniform Rule 23 be waived on SENATE BILL NO. 1003 An Act relating to public employees for the Finance Committee meeting on May 9. Without objection, it was so ordered. SB 1004 Senator Frank, Cochair, moved and asked unanimous consent that Uniform Rule 23 be waived on SENATE BILL NO. 1004 An Act making an appropriation; and providing for an effective date for the Finance Committee meeting on May 9. Without objection, it was so ordered. 1996-05-09 Senate Journal Page 4215 SB 1005 Senator Frank, Cochair, moved and asked unanimous consent that Uniform Rule 23 be waived on SENATE BILL NO. 1005 An Act making, amending, and repealing appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date for the Finance Committee meeting on May 9. Without objection, it was so ordered. Senator Lincoln announced a minority caucus. Announcements are at the end of the journal. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 1:29 p.m. AFTER RECESS The Senate reconvened at 5:36 p.m. Senator Halford moved and asked unanimous consent that the Senate return to Introduction and Reference of Senate of Bills. Without objection, it was so ordered. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 1006 SENATE BILL NO. 1006 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the compensation of officers and employees of the executive, judicial, and legislative branches of state government and of the University of Alaska; and providing for an effective date. was read the first time and referred to the Finance Committee. 1996-05-09 Senate Journal Page 4216 SB 1006 Fiscal note published today from Office of the Governor. Governor's transmittal letter dated May 8: Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill making the statutory changes necessary to provide adjustments for judges, justices, officers, and employees of the judicial, legislative, and executive branches of state government, and the University of Alaska, who are not covered by collective bargaining agreements. AS 39.27.011, the statute that sets out the salaries of employees not covered by collective bargaining agreements, and to which the salaries of many officers and employees are tied, has not been changed since 1991. The increases provided in this bill are modest, the same negotiated for most union contracts. The bill also makes the statutory changes necessary to provide University and judicial branch officers and employees raises commensurate with the collective bargaining agreements for those agencies. An appropriation bill that I also am introducing appropriates the money necessary to cover the changes in the salaries of noncovered employees, as well as to fund the monetary terms of collective bargaining agreements negotiated with employees covered by collective bargaining agreements under the Public Employment Relations Act (PERA), AS 23.40. Those collective bargaining agreements were negotiated in good faith. The largest unit of state employees, the general government unit, negotiated a bare bones contract, with no raise in the first year, and modest raises of either 1.5 percent or one-half the consumer price index for successive years. The supervisory unit, unlicensed marine highways vessel employees, and labor, trades, and crafts unit of state employees, returned to the bargaining table in response to the legislatures rejection of the monetary terms of their contracts last year, and negotiated less expensive agreements. Other units followed suit. Overall, the contracts save $34 million over those negotiated by my predecessor. 1996-05-09 Senate Journal Page 4217 SB 1006 The states agencies and their employees heeded the legislatures fiscal concerns and reacted appropriately. The legislature has not yet acknowledged that the agencies and their employees have done what was asked of them. I ask that the legislature do so now by funding the agreements, and by providing commensurate increases to those not covered by agreements who have not received cost-of-living increases for several years. Sincerely, /s/ Tony Knowles Governor SB 1007 SENATE BILL NO. 1007 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to taxes on cigarettes and tobacco products; and providing for an effective date. was read the first time and referred to the Judiciary, Health, Education and Social Services and Finance Committees. Fiscal note published today from Department of Revenue. Governor's transmittal letter dated May 8: Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to an increase in the excise tax rates applied to cigarettes and tobacco products. I am offering this bill in part to help offset the large revenue shortfalls the state is facing in the years to come. In addition to providing increased revenue, passage of this legislation will help reduce the consumption of tobacco, especially by Alaska youth, resulting in long-term public health benefits and medical care cost savings. 1996-05-09 Senate Journal Page 4218 SB 1007 Tobacco use is the number one cause of preventable death and disease in America, accounting for some 400,000 deaths each year. The social costs of tobacco use in Alaska in terms of mortality and morbidity are staggering. The most recent estimates of the impact of smoking on the state by the Department of Health and Social Services, Section of Epidemiology, concluded that 22 percent of deaths of persons 35 years of age and older in 1989 were attributable to smoking. During the same year, the direct health costs of smoking were estimated at $34.1 million, while indirect mortality and morbidity costs associated with smoking amounted to another $49.1 million. Compare public health costs of this magnitude to FY93 tobacco products revenue of $16.9 million and it is apparent that taxes only recover a fraction of the social costs of consumption of tobacco products. The last increase in the Alaska tobacco products excise tax was in 1989 and inflation has since eroded much of the dampening effect that it had on consumption. According to the National Cancer Institute, "to maintain the health effect of the tobacco excise tax, it must be increased regularly." In a time of decreasing oil revenue, this measure is necessary to allow state government to meet its responsibilities, both fiscal and social. I urge your support of this bill. Sincerely, /s/ Tony Knowles Governor 1996-05-09 Senate Journal Page 4219 ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 10:30 a.m., May 10, 1996. Without objection, the Senate adjourned at 5:38 p.m. Nancy Quinto Secretary of the Senate May 1996 1996-05-09 Senate Journal Page 4220 ANNOUNCEMENTS NOTICE - AMERICANS WITH DISABILITIES ACT Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. + indicates teleconference STANDING COMMITTEES FINANCE SENATE FINANCE 532 MAY 09 THURSDAY 3:30 PM SB1001APPROP: OPERATING BUDGET <UNIFORM RULE 23 WAIVED> SB1002APPROP: CBRF & PROGRAM RECEIPTS <UNIFORM RULE 23 WAIVED> SB1003PUBLIC EMPLOYEES & AGENCY PLANS <UNIFORM RULE 23 WAIVED> SB1004APPROP: STATE EMPLOYEE PERSONNEL STUDY <UNIFORM RULE 23 WAIVED> SB1005APPROP: MISCELLANEOUS <UNIFORM RULE 23 WAIVED> ---------------------------------------- LABOR & COMMERCE BUTROVICH ROOM 205 MAY 09 THURSDAY 2:00 PM DISCUSS MARINE HIGHWAYS BENEFITS PACKAGE OTHER MEETINGS MINORITY CAUCUS BELTZ ROOM 211 MAY 09 THURSDAY 1:30 PM MINORITY CAUCUS