Legislature(1997 - 1998)
1997-02-03 Senate Journal
Full Journal pdf1997-02-03 Senate Journal Page 0205 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Twenty-second Day Pursuant to adjournment the Senate was called to order by President Miller at 10:45 a.m. The roll showed seventeen members present. Senator Halford was excused from a call of the Senate. Senators Hoffman, Kelly were absent. The prayer was offered by the Chaplain, The Reverend Wayne Coggins of the Cornerstone Family Ministries. Senator Leman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father, we acknowledge today, Lord, that You are the Source of wisdom and we are grateful that You are willing to share Your vantage point with us if we will but ask. Your Word instructs us to beware when all men speak well of us. On the surface that seems like strange advice, but You know us well and are very aware that if we can be inflated with flattery, we can be deflated as quickly by criticism. So, today we ask for the ability to be men and women of understanding...aware of the needs of those we represent, but not jerked about by the ebb and flow of the tides of approval or criticism. Amen. Senator Torgerson led the Senate in the pledge of allegiance. 205 1997-02-03 Senate Journal Page 0206 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the nineteenth, twentieth and twenty-first legislative days be approved as certified by the Secretary. Without objection, it was so ordered. COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of the Senate: National Petroleum Reserve - Alaska Impact Mitigation Program Report. from Mike Irwin, Commissioner, Department of Community and Regional Affairs in accordance with AS 37.05.530 Alaska Energy Authority Annual Capital Project Status Reports from D. Randy Simmons, Executive Director, Alaska Industrial Development and Export Authority in accordance with AS 44.83.950(b) STANDING COMMITTEE REPORTS SB 24 The Health, Education and Social Services Committee considered SENATE BILL NO. 24 An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of abortion; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules. Signing do pass: Senator Wilken, Chair, Senators Ward, Leman, Green. Signing do not pass: Senator Ellis. 1997-02-03 Senate Journal Page 0207 SB 24 Fiscal notes published today from the Court System, Department of Administration. Zero fiscal notes published today from Department of Administration, Department of Health and Social Services. The bill was referred to the Judiciary Committee. SB 38 The Health, Education and Social Services Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38 An Act relating to anatomical gifts, living wills, and do not resuscitate orders. Signing do pass: Senator Wilken, Chair, Senators Ward, Leman, Green. Signing no recommendation: Senator Ellis. Fiscal note published today from Department of Health and Social Services. Zero fiscal note published today from Department of Public Safety. The bill was referred to the Judiciary Committee. SB 51 The Health, Education and Social Services Committee considered SENATE BILL NO. 51 An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease- purchase agreement for a centralized public health laboratory facility. Signing do pass: Senator Wilken, Chair, Senators Ward, Leman, Ellis. Signing no recommendation: Senator Green. Fiscal notes published today from Department of Health and Social Services, Department of Administration, Department of Revenue. Zero fiscal note published today from Department of Public Safety. The bill was referred to the Finance Committee. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 12 SENATE JOINT RESOLUTION NO. 12 BY THE SENATE TRANSPORTATION COMMITTEE BY REQUEST, 1997-02-03 Senate Journal Page 0208 SJR 12 Relating to reconstruction and paving of the Alaska Highway. was read the first time and referred to the Transportation Committee. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 74 SENATE BILL NO. 74 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act extending lapse dates for certain prior year appropriations; making supplemental, capital, and special appropriations; and providing for an effective date. was read the first time and referred to the Finance Committee. Governors transmittal letter dated February 3: Dear President Miller: Last February my transmittal letter for the FY96 supplemental budget bill began: In the first two weeks of my administration, I made a public commitment not to play the supplemental game. The FY96 supplemental request I am submitting to you now makes good on that promise. It falls within the $20 million level anticipated in the FY96 budget plan... This is the lowest supplemental request in nearly ten years, a far cry from the $37 million to $168 million requests of recent years. I am pleased to report even further progress on budget discipline with this years supplemental request of just under $16 million in general funds. It is well under the amount set aside in the budget plan approved by the Legislature last June. 1997-02-03 Senate Journal Page 0209 SB 74 There are three major categories of supplemental needs. The first is for programs that were acknowledged in the last session to require supplemental appropriations in order to fulfill state responsibilities. Examples are disaster relief, fire suppression, leasing, and adult public assistance. These total just under $8.6 million of the attached supplemental bill. A second category is judgments and claims which have traditionally been handled in the supplemental budget. So far this year, these total $2.8 million, of which $2.3 million is the estimated cumulative total through the end of FY97 for court-ordered fines under the final order in Cleary. Rather than simply appropriate that amount from the operating budget to the general fund, I propose that it be held aside in a capital appropriation as part of the states overall funding for the construction of new prison beds. Since the fines are for prison overcrowding, construction of new beds would directly address the underlying problem. We particularly need to provide space for women because there are inequities between facilities now available for men and women. As we all know, prisons are a critical part of the work ahead of us to repair and build essential state facilities. The third category is unanticipated shortfalls or problems that have arisen since the budget was passed last June. Due to strong agency management of their budgets, only $4.5 million is in this category. The needs range from emergency deferred maintenance to coping with severe overcrowding and security dangers at our juvenile detention facilities to statehood defense. In cooperation with the legislative leadership, I am requesting an appropriation of $485,000 to the Department of Law for the states appeal to the United States Supreme Count in the Venetie Indian country case, including related advocacy before the federal courts, Congress, and federal agencies. We must ensure state authority over taxation, fish and game management, and environmental regulation. I suggest appropriating these funds with a lapse date of June 30, 1998, to make it very clear the state is committed to the entire process of appeal to the U.S. Supreme Court, not just to the preliminary phase taking place in the current fiscal year. (An alternative approach would be to make this a capital appropriation.) 1997-02-03 Senate Journal Page 0210 SB 74 Another request could immediately improve the earnings of the Constitutional Budget Reserve Fund (CBR). Revenue Commissioner Condon recently presented to the Senate Finance Committee a proposal to diversify the CBR investment allocation. Investment of the CBR for higher returns was encouraged last year in legislation authorizing the commissioner to determine if financial management by the Permanent Fund Corporation would be advantageous to the state. Although he has determined this would not be the most beneficial arrangement to the CBR or the Permanent Fund, he is recommending the state invest a portion of the CBR in equities. Since it would not be wise to change the allocation policy after only five months, this supplemental should be funded with the intention of annualizing the management fees in the FY98 budget. Some costs of providing a few basic state services have been much higher than anticipated last spring. More youths have been sent to detention facilities than predicted last year and there have been drive- by shootings and other security breaches. We must increase staffing immediately to handle the overcrowding safely. We do not think it wise to wait until passage of the FY98 budget to begin the procurement process for fences and other security protections. I urge you to appropriate $2 million in operating and capital supplementals to deal with these critical juvenile crime problems. Other emergency maintenance items are replacing the Fairbanks correctional facility boiler which is no longer safe, demolishing the Old Eagle school so contaminated soils can be cleaned up with Oil and Hazardous Response Funds (this will help resolve pending litigation), and replacing badly outdated emergency communications equipment. Finally, a young man died tragically this winter on the Perseverance Trail, one of the states most heavily used by Alaskans and visitors alike. Heavy rains washed out portions of the trail beside a deadly ravine. Since it is virtually impossible to blockade the trail, repairs must be done within the next few months, before the heavy spring/summer use begins again. These emergency maintenance needs total $1.2 million. 1997-02-03 Senate Journal Page 0211 SB 74 Budget discipline includes taking action on supplemental budget requests early in the session so agencies know up front whether they have the necessary expenditure authority. I urge you to take action as soon as possible. Sincerely, /s/ Tony Knowles Governor SB 75 SENATE BILL NO. 75 BY THE SENATE RULES COMMITTEE BY REQUEST, entitled: An Act relating to the regulation of accountants; and providing for an effective date. was read the first time and referred to the Labor and Commerce and State Affairs Committees. The presence of Senator Kelly was noted. CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Jim Whisenhant Senator(s) Sharp, Wilken, Miller, Lincoln, Duncan, Mackie, Halford, Taylor, Kelly, Green, Leman Honoring - Raymond Waska, Sr. and Eulalia Andrews Representative(s) Foster Senator(s) Adams, Lincoln, Duncan, Mackie, Taylor, Kelly, Green, Leman 1997-02-03 Senate Journal Page 0212 Honoring - Lieutenant General Lawrence E. Boese Senator(s) Leman, Lincoln, Donley, Wilken, Duncan, Pearce, Mackie, Halford, Taylor, Kelly, Green, R. Phillips, Miller Representative(s) Mulder Honoring - Donald F. Armstrong - Retirement Senator(s) Donley, Duncan, Green, Leman, Lincoln, Torgerson, Kelly, R. Phillips, Pearce, Wilken, Parnell, Hoffman, Ellis, Adams, Mackie, Halford, Taylor Representative(s) Elton, Hudson, Foster, Mulder, Brice, Berkowitz, Hanley In Memoriam - Major General Conrad F. Nick Necrason Senator(s) Leman, Kelly, R. Phillips, Lincoln, Adams, Donley, Wilken, Duncan, Pearce, Mackie, Halford, Taylor, Green, Parnell In Memoriam - Michael Ray McSwain Senator(s) Lincoln, Duncan, Mackie, Taylor, Kelly, Green, Pearce, Parnell, Leman Representative(s) Kubina In Memoriam - Michael A. Carson, Jr. Representative(s) Kohring, Ogan, Masek, Dyson Senator(s) Halford, Green, Leman, Lincoln, Duncan, Mackie, Taylor, Kelly, Pearce, Parnell In Memoriam - Roselie A. Chanar Representative(s) Foster Senator(s) Adams, Lincoln, Duncan, Mackie, Taylor, Kelly, Green, Pearce, Parnell, Leman In Memoriam - Jim McLaughlin Representative(s) Foster Senator(s) Adams, Lincoln, Duncan, Mackie, Halford, Taylor, Kelly, Green, Pearce, Parnell, Leman In Memoriam - David Otton, Sr. Representative(s) Foster Senator(s) Adams, Lincoln, Duncan, Mackie, Taylor, Kelly, Green, Pearce, Parnell, Leman 1997-02-03 Senate Journal Page 0213 In Memoriam - John Charles Ortberg Representative(s) Foster Senator(s) Adams, Lincoln, Duncan, Mackie, Taylor, Kelly, Green, Pearce, Parnell, Leman In Memoriam - Everett E. Bachelder Representative(s) Foster Senator(s) Adams, Leman, Lincoln, Duncan, Mackie, Halford, Taylor, Kelly, Green, Pearce, Parnell In Memoriam - Patricia S. Munn Representative(s) Foster Senator(s) Adams, Lincoln, Duncan, Mackie, Halford, Taylor, Kelly, Green, Pearce, Parnell, Leman In Memoriam - Inez Nayokpuk Representative(s) Foster Senator(s) Adams, Lincoln, Duncan, Mackie, Halford, Taylor, Kelly, Green, Pearce, Parnell, Leman In Memoriam - Louise A. Niksik Representative(s) Foster Senator(s) Adams, Lincoln, Duncan, Mackie, Taylor, Kelly, Green, Pearce, Parnell, Leman In Memoriam - Michael F. Payenna Representative(s) Foster Senator(s) Adams, Leman, Lincoln, Duncan, Mackie, Taylor, Kelly, Green, Pearce, Parnell In Memoriam - Nancy Betty Teayoumeak Sherman Representative(s) Foster Senator(s) Adams, Lincoln, Duncan, Mackie, Taylor, Kelly, Green, Pearce, Parnell, Leman In Memoriam - Richard Kozevenikoff Representative(s) Foster Senator(s) Adams, Lincoln, Duncan, Mackie, Taylor, Kelly, Green, Pearce, Parnell, Leman 1997-02-03 Senate Journal Page 0214 In Memoriam - Lillian Clara Komakhuk Representative(s) Foster Senator(s) Adams, Lincoln, Duncan, Mackie, Halford, Taylor, Kelly, Green, Pearce, Parnell, Leman Senator Taylor 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 HCR 1 Senators Lincoln, Pearce, Sharp, Leman, Taylor, Wilken, Mackie, Donley, Torgerson, Kelly, Miller, Duncan moved and asked unanimous consent that they be shown as cross sponsors on CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(WTR) Relating to a new Alaska liquefied natural gas project. Without objection, it was so ordered. SB 14 Senator Wilken, Chair, moved and asked unanimous consent that the Health, Education and Social Services Committee referral be waived on SENATE BILL NO. 14 An Act relating to insurance covering an insured who is a victim of domestic violence and requiring certain disclosures by an insurer. Without objection, the bill was referred to the Judiciary Committee. CITATIONS Senator Taylor moved and asked unanimous consent that the notice and publication requirements be waived and the following citation be made a special order of business. Without objection, it was so ordered. 1997-02-03 Senate Journal Page 0215 SPECIAL ORDER OF BUSINESS Honoring - Jonathan Scribner - Retirement Senator(s) Duncan, Green, Adams, Pearce, Taylor, Kelly, Lincoln, Leman, Hoffman, Mackie Representative(s) Elton, Hudson Senator Taylor moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. The presence of Senator Hoffman was noted. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 10:55 a.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 Miller at 10:58 a.m. The purpose of the Joint Session was to hear an address by the Honorable Frank Murkowski, United States Senator. Senator Taylor 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 Porter 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. 1997-02-03 Senate Journal Page 0216 President Miller appointed Representative James and Senator Wilken to escort United States Senator Frank Murkowski to the Joint Session. The Senate Sergeant at Arms, Will Arthur, announced Senator Murkowskis entrance to the House Chamber. The Honorable Frank Murkowski was escorted to the rostrum and introduced by President Miller. United States Senator Frank Murkowski delivered his address. This address appears in Senate and House Joint Journal Supplement No. 5. Following his address, there was a question and answer period. United States Senator Frank Murkowski received a standing ovation and was escorted from the chamber by Senator Wilken and Representative James. Senator Taylor moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Miller adjourned the Joint Session at 11:59 a.m. AFTER RECESS IN THE SENATE The Senate reconvened at 12:03 p.m. with a quorum present. ANNOUNCEMENTS Announcements are at the end of the journal. 1997-02-03 Senate Journal Page 0217 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 4, 1997. Without objection, the Senate adjourned at 12:06 p.m. Nancy Quinto Secretary of the Senate February 1997 1997-02-03 Senate Journal Page 0218 ANNOUNCEMENTS Americans with Disabilities Act Notice - 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. SENATE STANDING COMMITTEES + indicates teleconference COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 FEB 03 MONDAY 1:30 PM SB 62CITIES: PAYMENTS IN LIEU OF TAXES + SB 64SHUYAK ISLAND STATE PARK FEB 05 WEDNESDAY 1:30 PM SB 23EXCISE TAXES ON TRANSIENT LODGING + SB 50PUBLIC WATER SUPPLY VIOL: ADMIN PENALTIES FEB 07 FRIDAY 1:30 PM NO MEETING SCHEDULED FEB 19 WEDNESDAY 1:30 PM SB 5EXCISE FEE ON PASSENGER SHIP TRAVELERS ---------------------------------------- FINANCE SENATE FINANCE 532 FEB 03 MONDAY 9:00 AM CONTINUATION OF STATE EMPLOYEE HEALTH BENEFIT PLANS AND CURRENT YR CONTRACT STATUS FEB 04 TUESDAY 9:00 AM OMBUDSMAN PRESENTATION FEB 05 WEDNESDAY 9:00 AM BILLS PREVIOUSLY HEARD SB 56BUSINESS SIGNS/OUTDOOR ADVERTISING SB 1NO FRILLS PRISON ACT 1997-02-03 Senate Journal Page 0219 FINANCE CONTINUED FEB 06 THURSDAY 9:00 AM FINANCE SUBCOMMITTEE: WELFARE REFORM IMPLE- MENTATION, FISCAL ISSUES. SEN. PHILLIPS, CH FEB 06 THURSDAY 4:00 PM HOUSE FIN RM 519 -- LOCATION AND TIME CHANGE -- DISCUSSION OF CURRENT STATE LITIGATION JOINT H & S FINANCE AND RESOURCE COMMITTEES IN EXECUTIVE SESSION WITH THE DEPT. OF LAW FEB 07 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 03 MONDAY 9:00 AM <BILLS HELD FROM PREVIOUS CALENDARS> FEB 03 MONDAY 9:30 AM JOINT HEARING WITH THE HOUSE HESS COMMITTEE PRESENTATION BY MILKEN FOUNDATION AWARD RECIPIENTS FEB 05 WEDNESDAY 9:00 AM + SB 13INCREASE TOBACCO TAXES + SB 61INCREASE TOBACCO TAXES FEB 07 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 03 MONDAY 1:30 PM + SB 39HAZARDOUS CHEMICALS, MATERIALS, AND WASTE 1997-02-03 Senate Journal Page 0220 JUDICIARY CONTINUED FEB 05 WEDNESDAY 1:30 PM SJR 3PRISONER RIGHTS LIMITED TO FEDERAL RIGHTS + CONFIRMATION HEARING: PUBLIC DEFENDER FEB 07 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 04 TUESDAY 1:30 PM SB 55AMEND DEFINITION OF PROGRAM RECEIPTS <BILL HELD FROM 1/30/97> FEB 06 THURSDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 03 MONDAY 3:30 PM HCR 1NORTH SLOPE NATURAL GAS PROJECT SB 7HUNTING SPORT FISH TRAPPING FEES/LICENSES SB 8AIRPORT/SHOOTING FACILITY NOISE LEVELS FEB 05 WEDNESDAY 3:30 PM SB 35MANAGEMENT OF PARKS & RECREATIONAL AREAS SB 19FISH & GAME COMNR NOT TO ENFORCE FED LAW SJR 8PRIMARY MFG OF PUBLICLY OWNED TIMBER FEB 06 THURSDAY 1:00 PM SEN FINANCE RM 532 -- LOCATION AND TIME CHANGE -- JOINT MEETING WITH HOUSE RESOURCES OVERSIGHT HEARING: RS 2477 RIGHTS OF WAY FEB 07 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- 1997-02-03 Senate Journal Page 0221 STATE AFFAIRS BELTZ ROOM 211 FEB 04 TUESDAY 3:30 PM + SB 67TRUTH IN SENTENCING EO 98 TRANSFERRING WEIGHTS AND MEASURES FROM DCED AND DPS TO DOT/PF EO 99 ADMINISTRATIVE RESPONSIBILITY OF AS 28 (MOTOR VEHICLES) FROM DPS TO DOA FEB 06 THURSDAY 3:30 PM OVERVIEW AND REPORT: GOV, BOARDS & COMMS SB 68TASK FORCE ON PRIVATIZATION <PUBLICATION NOTICE WAIVED> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 FEB 04 TUESDAY 1:30 PM SB 10MOUNTAIN VIEW ROAD - GUSTAVUS SB 46NEW FERRY NAMED M.V. KENNICOTT FEB 06 THURSDAY 1:30 PM NO MEETING SCHEDULED JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW CAPITOL ROOM 102 FEB 04 TUESDAY 12:00 PM + ADMINISTRATIVE REGULATION REVIEW ---------------------------------------- SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 FEB 04 TUESDAY 1:00 PM + FULL COMMITTEE TELECONFERENCE ETHICS CODE AMENDMENTS DISCUSSION 1997-02-03 Senate Journal Page 0222 OTHER MEETINGS JOINT SESSION HOUSE CHAMBER FEB 03 MONDAY 11:00 AM ADDRESS BY U.S. SENATOR FRANK MURKOWSKI