Legislature(1993 - 1994)
1993-01-22 Senate Journal
Full Journal pdf1993-01-22 Senate Journal Page 0115 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Friday January 22, 1993 Twelfth Day Pursuant to adjournment, the Senate was called to order by President Halford at 11:24 a.m. The roll showed seventeen members present. Senators Donley and Ellis were excused from a call of the Senate. Senator Jacko was excused from plane time. The prayer was offered by the Chaplain, Pastor Johnny Jackson of the First Baptist Church of Juneau. Senator Adams moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Thy hands made me and fashioned me; give me understanding that I may learn Thy commandments. Psalm 119:73 Holy Lord, This morning we bow to acknowledge that You are our creator and that all life comes from You. We confess that all too often we take life for granted, Lord. Sometimes, we hurry through days filled with Your blessings and forget to thank You. Sometimes we get puffed up with our own importance and forget to cherish others. Sometimes, surrounded by the beauty and majesty of Your earth, we just forget to pause in wonder and worship. 115 1993-01-22 Senate Journal Page 0116 We ask Your forgiveness. We are grateful for the precious gift of life. Help us to prove our gratitude by living our lives to the fullest, by living our lives with integrity and honor, by living our lives to win the approval of God rather than the applause of men. In the Name of Him who came that we might have life and have it abundantly, Jesus Christ the Lord. Amen. Senator Frank led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the tenth and eleventh 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: Payment of Interest on Revenue Anticipation Notes from Darrel J. Rexwinkel, Commissioner, Department of Revenue in accordance with AS 43.08.035 Alaska Coastal Policy Council Annual Report 1992 from Paul C. Rusanowski, Ph.D., Director, Division of Governmental Coordination, Office of Management and Budget in accordance with AS 44.19.161(4) Alaska Judicial Council Sixteenth Report: 1991-1992 from William T. Cotton, Executive Director in accordance with Article IV, Section 9 of the Alaska Constitution University of Alaska Fairbanks 1991-92 Annual Report from Dr. Joan K. Wadlow, Chancellor 1993-01-22 Senate Journal Page 0117 Alaska State Officers' Compensation Commission 1993 Report from Toni Blumenshine, Chair in accordance with AS 39.23.200 and 39.23.240 Alaska Local Boundary Commission 1992 Annual Report received at 2:45 p.m., January 20, 1993 from Darrell R. Hargraves, Chair in accordance with Article X, Section 12 of the Alaska Constitution and AS 44.47.567 President Halford referred the above report to the Community and Regional Affairs Committee. Local Boundary Commission Recommendations will be published in the Senate and House Joint Journal Supplement No. 3 today. STANDING COMMITTEE REPORTS SJR 3 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 3 Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Miller, Taylor, Duncan. Zero fiscal notes from Legislative Affairs Agency and Department of Law and fiscal note from Division of Elections published today. SENATE JOINT RESOLUTION NO. 3 was referred to the Judiciary Committee. SJR 4 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 4, Proposing an amendment to the Constitution of the State of Alaska relating to the duration of a regular session. Signing do pass: Senator Leman, Chair, Senator Miller. Signing no recommendation: Senators Duncan, Taylor. Fiscal note from Legislative Affairs Agency and zero fiscal note from Department of Law published today. 1993-01-22 Senate Journal Page 0118 SJR 4 SENATE JOINT RESOLUTION NO. 4 was referred to the Judiciary Committee. SJR 5 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 5 Proposing amendments to the Constitution of the State of Alaska relating to legislative action on bills and resolutions and legislative caucuses. Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Miller, Taylor, Duncan. Zero fiscal note from Department of Law and fiscal notes from Division of Elections and Legislative Affairs Agency published today. SENATE JOINT RESOLUTION NO. 5 was referred to the Judiciary Committee. SB 30 The Resources Committee considered SENATE BILL NO. 30 "An Act extending the termination date of the Alaska Minerals Commission." Signing do pass: Senator Miller, Chair, Senators Frank, Pearce, Zharoff, Adams, Leman. Fiscal note published today from Department of Commerce and Economic Development. SENATE BILL NO. 30 was referred to the Finance Committee. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 1 SENATE CONCURRENT RESOLUTION NO. 1 by Senators Leman, Phillips, Relating to the twenty-seventh annual Boys' State. was read the first time and referred to the State Affairs Committee. 1993-01-22 Senate Journal Page 0119 SJR 18 SENATE JOINT RESOLUTION NO. 18 by the Senate Rules Committee by request of the Governor, Proposing amendments to the Constitution of the State of Alaska creating a transportation fund. was read the first time and referred to the Transportation Committee, the Judiciary Committee and the Finance Committee. Fiscal note from Department of Revenue and zero fiscal notes from Department of Transportation and Public Facilities and Department of Public Safety published today. Governor's transmittal letter dated January 22: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a resolution to amend the Alaska Constitution to provide for a dedicated transportation fund. Section 1 of the resolution repeals and readopts art. IX, sec. 7, of the Alaska Constitution so that it permits the dedication of revenue under a new sec. 18 of art. IX, which is created by sec. 2 of the resolution. No other substantive change is made to sec. 7. Section 2 of the resolution amends art. IX of the Alaska Constitution by adding a new sec. 18. New sec. 18(a) requires that certain revenue received after June 30, 1995 that is derived from transportation-related functions be placed into a transportation fund. The revenue that is to be dedicated to the transportation fund is 1)revenue from state licenses and fees for the registration, operation, and use of motor vehicles, aircraft, and watercraft; 2)revenue from the use of state transportation facilities, including the state ferry system; 1993-01-22 Senate Journal Page 0120 SJR 18 3)revenue from state taxes on fuel used in and on watercraft and on fuel used by motor vehicles and aircraft. Refunds or credits from state fuel taxes, as provided by law, and costs for the collection of license, fee, and tax revenue, as provided for by law, would not be required to be placed in the transportation fund. New sec. 18(a) also provides that the legislature may appropriate revenue from the transportation fund only for 1)the maintenance and operation of a state or local government transportation facility (including a highway or marine highway system vessel) if the facility is related to the mode of transportation from which the tax, license, or fee revenue to be appropriated was originally received; 2)the construction and improvement of harbor facilities if the tax, license, or fee revenue to be appropriated was obtained from the use of watercraft; and 3)the administration and enforcement of motor vehicle laws. Section 18(b) exempts the following transportation-related revenue from the requirement that it be placed into the new transportation fund: 1)revenue received from taxes, licenses, or fees that the state collects on behalf of a local government; 2)revenue received by a public corporation whose revenue must, by federal law, be retained and managed by the corporation; and 3)revenue received from the use or operation of a transportation facility constructed with bond proceeds if law or bond covenants require that the revenue be used for some other purpose. 1993-01-22 Senate Journal Page 0121 SJR 18 Section 18(c) requires the legislature to provide by law for the management and investment of the fund and provides further that income earned from the management and investment of the fund be deposited into the fund. Section 18(d) allows the legislature, upon three-fourths majority vote of both houses, to make appropriations from the fund for any other public purpose. Section 3 of the resolution requires that the amendment proposed by this resolution be placed before the voters of the state at the next general election in accord with the election laws of the state. Because transportation facility maintenance and operation, like other state services, is currently a general fund expenditure, declining oil revenue will surely mean a reduction in the funding available for those critical activities. I believe that the most appropriate means to guard against such a reduction, and to provide for stability and continuity in the provision of transportation services, is to permit "user fees" from transportation-related facilities to be dedicated to maintaining and operating Alaska's transportation system. I urge your favorable consideration of this resolution. Sincerely, /s/ Walter J. Hickel Governor INTRODUCTION AND REFERENCE OF SENATE BILLS SB 47 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 by Senators Kelly, Halford, Taylor, entitled: "An Act relating to equipment, registration, and identification of custom collector vehicles; and providing for an effective date." (new title) 1993-01-22 Senate Journal Page 0122 SB 47 was read the first time and referred to the Labor and Commerce Committee and the Finance Committee. SB 52 SENATE BILL NO. 52 by Senators Sharp, Miller, Frank, entitled: "An Act relating to liability insurance and bond requirements for guide-outfitters or marine mammal guide-outfitters." was read the first time and referred to the Labor and Commerce Committee and the Judiciary Committee. SB 53 SENATE BILL NO. 53 by the Senate Health, Education and Social Services Committee, entitled: "An Act annulling changes made by certain regulations adopted by the Department of Health and Social Services relating to funding of abortion services under the general relief medical program; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services Committee, the Judiciary Committee and the Finance Committee. SB 54 SENATE BILL NO. 54 by Senators Halford, Phillips, Leman, Taylor, Miller, entitled: "An Act relating to violations of laws by juveniles; and providing for an effective date." was read the first time and referred to the Judiciary Committee and the Finance Committee. SB 55 SENATE BILL NO. 55 by Senators Donley, Duncan, Zharoff, Salo, Lincoln, Little, entitled: 1993-01-22 Senate Journal Page 0123 SB 55 "An Act relating to payment for abortions under Medicaid and general relief medical assistance; annulling changes made by certain regulations adopted by the Department of Health and Social Services relating to funding of abortion services under the general relief medical program; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services Committee, the Judiciary Committee and the Finance Committee. SB 56 SENATE BILL NO. 56 by the Rules Committee by request of the Legislative Budget and Audit Committee, entitled: "An Act relating to the budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska." was read the first time and referred to the State Affairs Committee, the Judiciary Committee and the Finance Committee. SB 57 SENATE BILL NO. 57 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to employment contributions and to extending the pilot project for the state training and employment program; and providing for an effective date." was read the first time and referred to the Labor and Commerce Committee and the Finance Committee. Fiscal notes published today from Department of Community and Regional Affairs (2) and Department of Labor. Governor's transmittal letter dated January 22: 1993-01-22 Senate Journal Page 0124 SB 57 Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that extends for three years the pilot project for the state training and employment program. The pilot project was enacted in 1989 (ch. 95, SLA 1989) as a two- year program, and was extended for two additional years (to July 1, 1993) in 1991 (ch. 17, SLA 1991). This bill amends sec. 4(a), ch. 95, SLA 1989, as amended by ch. 17, SLA 1991, to extend the date for collecting money through the unemployment insurance system to support the training program, and again extends the expiration date of the project (to June 30, 1996). The pilot project, administered by the Department of Labor and the Department of Community and Regional Affairs, provides much- needed job training to unemployed workers in order to reduce unemployment insurance benefit expenditures. This project also assists Alaskans who need to upgrade their job skills in order to maintain their employability. This training program has broad-based support from both labor and industry. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Walter J. Hickel Governor SB 58 SENATE BILL NO. 58 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to the longevity bonus program." 1993-01-22 Senate Journal Page 0125 SB 58 was read the first time and referred to the Health, Education and Social Services Committee, the Judiciary Committee and the Finance Committee. Fiscal notes published from Department of Administration (2). Governor's transmittal letter dated January 22: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that phases out the longevity bonus program over a several-year period. This bill is necessary because the ever-increasing number of senior citizens in Alaska, coupled with the projected decline in state revenue, makes it clear that the state will not be able to afford the longevity bonus program over the long term. It is becoming increasingly necessary to shift state resources from non-need-based programs to programs for those truly in need. The bill protects current bonus recipients, and those future recipients who turn 65 before January1, 1994, by providing that they will receive $250 a month for the remainder of their lives (as long as the eligibility requirements are met). The bill phases out the program by reducing to $200 the monthly bonus for those turning 65 in 1994, by reducing to $150 the monthly bonus for those turning 65 in 1995, by reducing to $100 the monthly bonus for those turning 65 in 1996, and by eliminating the bonus altogether for those turning 65 in 1997 and later. I am proposing this phased elimination because many Alaskans who will be reaching age 65 in the next four years have counted on the bonus in planning for their retirement, and an abrupt termination of the program would not be fair to them. 1993-01-22 Senate Journal Page 0126 SB 58 I urge your prompt consideration and passage of this bill. Sincerely, /s/ Walter J. Hickel Governor SB 59 SENATE BILL NO. 59 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to school construction grants and major maintenance grants to school districts; providing for school district participation in the cost of school construction and major maintenance; creating a major maintenance grant fund; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services Committee and the Finance Committee. Fiscal note from Department of Education and zero fiscal notes from Department of Transportation and Public Facilities and Department of Revenue published today. Governor's transmittal letter dated January 22: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that changes the existing school construction grant program in AS14.11. During 1992 the facilities committee of Alaska 2000 discussed the existing method of allocating school construction grants. This bill, if enacted into law, divides grants under the program into two categories, provides a separate fund for each of the categories, and requires school districts to provide a participating share in order to obtain a grant. 1993-01-22 Senate Journal Page 0127 SB 59 The main thrust of the bill is to separate grants under the existing program into two categories -- grants for school construction and grants for major maintenance of school facilities -- and to create a separate grant fund for the major maintenance projects. Major maintenance projects are those necessary to protect the structure of existing school facilities or to correct building code deficiencies that require major repair or rehabilitation in order for the facility to continue to be used for the educational program. Existing AS14.11.005 creates the school construction grant fund; this bill adds a major maintenance grant fund. Legislative appropriations for the two different types of school facility projects will go into the appropriate fund and will be subject to the existing grant procedures in AS 14.11. The bill makes amendments to those grant procedures to acknowledge the separate categories. The bill also makes conforming amendments to AS14.03.150(c) and AS 14.07.020(a)(11). Separation of the two types of projects allows separate prioritization of projects, and should result in an improved planning and funding process. The bill also adds a requirement that, in order to receive a school construction or major maintenance grant, a school district must provide a participating share of the project cost. The participating share for a city or borough school district is based on the full and true value of the taxable real and personal property in the district as of a certain date, and on the district's average daily membership (ADM). A district with a relatively higher property value per ADM will have a relatively higher percentage participating share. City and borough school districts will be required to provide a participating share beginning with grants awarded in fiscal year 1994. A regional educational attendance area (REAA) participating share is a set percentage of the project cost, although the commissioner of education is authorized to waive all or a portion of the required participating share under certain circumstances. Under the bill, REAAs will not be subject to the requirement for a participating share until fiscal year 1995. 1993-01-22 Senate Journal Page 0128 SB 59 In addition, the bill adds a new subsection to AS14.11.017. Existing AS14.11.017(b) authorizes use of grant money under the program to pay the cost of certain activities even if the costs were incurred before the grant application was approved, the grant was awarded, or money was appropriated for the grant. New AS14.11.017(c) would clarify that the Department of Education can establish the time period in which those activities must have occurred in order to be paid under the grant. These changes in the way the school construction grant program operates should improve the educational environment of our students and increase the responsibility of school districts in planning for, requesting, and using grant money for school facilities. I urge your early and favorable consideration of this important legislation. Sincerely, /s/ Walter J. Hickel Governor SB 60 SENATE BILL NO. 60 by the Senate Rules Committee by request of the Governor, entitled: "An Act making appropriations for construction and major maintenance of schools; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services Committee and the Finance Committee. Fiscal note from Department of Revenue and zero fiscal note from Department of Transportation and Public Facilities published today. Governor's transmittal letter dated January 22: 1993-01-22 Senate Journal Page 0129 SB 60 Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill making $150,000,000 in capital appropriations for construction and major maintenance of Alaska's public schools. Section 1 of the bill appropriates $107,688,000 to the school construction grant fund to finance life, health, and safety construction projects in our public schools which are necessary to avert imminent dangers. These appropriations will fulfill the existing backlog of this category of needs, plus fund several other essential capital projects to help meet projected student enrollment increases in the near future. Section 2 of the bill appropriates $42,312,000 to a major maintenance grant fund to finance costs of certain repairs to many of our public schools. These appropriations are cost-effective because making repairs now can often avoid major rebuilding or construction costs later. Also, some of the projects may make the schools more energy efficient, which will likely have long-term energy savings for the state. The appropriation amounts in both secs. 1 and 2 of the bill assume that the local community will financially participate in each project in order to fully fund it. Requiring a local community participating share should allow limited state dollars to go farther in financing capital needs in our public schools. Such a requirement also may increase local community interest in the size, design, and cost of the overall project and in prioritizing the project against other community needs for state funding. The need for additional capital money has been supported by the state Board of Education. I urge support, as well, for these important projects. 1993-01-22 Senate Journal Page 0130 SB 60 Finally, while some may question the use of the earnings reserve account in the permanent fund for these projects, I can see no higher use for this money than to improve our public schools in order to provide quality educational facilities for our children. Alaska's children deserve the finest to help them learn to their greatest capacities. Sincerely, /s/ Walter J. Hickel Governor SB 61 SENATE BILL NO. 61 by the Senate Rules Committee by request of the Governor, entitled: "An Act implementing certain recommendations of Alaska 2000 to improve the state's education system; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services Committee and the Finance Committee. Fiscal note published today from Department of Education. Governor's transmittal letter dated January 22: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that makes significant changes to our public education system. This bill is an outgrowth of the work of many Alaskans to improve our public education through Alaska 2000. Through Alaska 2000, a cross section of Alaskans met during 1992 to examine our school system and to make recommendations to the 1993-01-22 Senate Journal Page 0131 SB 61 state Board of Education and the governor to improve the quality of public school education for our children. The state board has reviewed the recommendations and has chosen five as high-priority proposals to present for legislative consideration. This bill, if enacted into law, implements those proposals. The first proposal concerns extending the existing mandatory 180-day school year to 200 days by the year 2000. This would allow our children to have 20 additional classroom days of teaching. The imposition of a 200-day school year should help achieve higher educational performance so that our children can have the tools to compete in today's complex society. See secs. 2 and 3 of the bill. The second proposal would amend the existing statute that creates the fund for the improvement of school performance, to allow the commissioner to make grants to any appropriate organization or person to improve our schools. The existing statute limits the commissioner to granting only to school districts. Additionally, the bill would remove the $50,000 restriction on the maximum grant amount and would increase by one the number of years in which the same grantee could receive a grant. These provisions should increase flexibility to award grants to the best qualified organization or group in an amount that can get the job done. The state Board of Education would be required to adopt regulations to ensure efficient and effective administration of the program. See secs. 4, 5, 6, and 7 of the bill. The third proposal would mandate citizen advisory boards in virtually all school districts in the state. Presently, some school districts have opted to do so on a voluntary basis and have found the advisory boards extremely helpful in keeping the local school boards advised on local community needs and concerns. With some exceptions, the bill would mandate the procedure so that all local school districts can have the benefit of an advisory board. See sec. 8 of the bill. 1993-01-22 Senate Journal Page 0132 SB 61 The fourth proposal would change the procedure by which new teachers obtain tenure rights to employment after June 30, 1993. The bill would add a mechanism for increased public involvement in tenure decisions and would encourage more thorough and thoughtful evaluation of teachers by their supervisors. While I recognize that this proposal might be controversial, it serves a valuable function in that it ensures that only teachers who have shown their ability to teach earn the right to tenure in our public schools. This should play a key role in improving our educational system in the future. See secs. 9, 10, and 11 of the bill. The fifth proposal allows for the establishment of a pilot project for the creation of up to 40 charter schools within our public school system. A charter school would be authorized by a contract between a local school board and the board of directors of the charter school, with the approval of the state Board of Education. These charter schools can focus on a unique educational philosophy or teaching curriculum to meet the needs of the students enrolled in the school. The provisions of the bill that authorize the program will "sunset" July 1, 1996, although a charter school contract could extend to July 1, 1999. The legislature will have the opportunity to scrutinize the success of the pilot program to determine whether it should be reauthorized through new legislation. See secs. 12 - 20 and sec. 25 of the bill. All of the above substantive changes, except for the phased-in changes in school term length in secs. 2 and 3, would take effect July 1, 1993. The phased-in changes in school term length would take effect July 1, 1994. See secs. 23 and 24. Finally, sec. 21 would give transitional authority to allow the state Board of Education to begin the process to adopt regulations as soon as the bill is signed into law; the new regulations cannot take effect before the respective effective dates of the relevant sections of this bill. Section 22 of the bill would give this transition section an immediate effective date. 1993-01-22 Senate Journal Page 0133 SB 61 Alaska's children are Alaska's future. Providing them a quality education is an investment that we must make, and is an investment that will benefit all of us. I urge your support of this important legislation. Sincerely, /s/ Walter J. Hickel Governor SB 62 SENATE BILL NO. 62 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to the public school foundation program; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs Committee, the Health, Education and Social Services Committee and the Finance Committee. Fiscal note published today from Department of Education. Governor's transmittal letter dated January 22: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that makes statutory changes to improve the public school foundation program, which aids our public schools. The bill implements certain recommendations of the finance committee of Alaska 2000, as approved by the state Board of Education. Alaska 2000 represents a year-long study of the public school system in Alaska by Alaskans to recommend improvements and new directions. 1993-01-22 Senate Journal Page 0134 SB 62 The public school foundation program has been the subject of much debate in Alaska. The public school foundation program represents a significant portion of Alaska's operating budget. This bill improves this financing program and addresses many concerns of the school districts, the public, and the state Board of Education. Sections 1 and 3 replace the words "area cost differential" with "Alaska school price index" to conform to the substantive changes made by new AS14.17.049. New AS14.17.049, in sec. 7 of the bill, creates the Alaska school price index to replace the existing area cost differential in AS14.17.051 for determining public school foundation program support. The index will be calculated based on a weighted average of actual expenditures for fiscal years 1989 and 1992 for educational goods and services reported by a district or group of similar districts. The index will be adjusted every three years, beginning in fiscal year 1997, by a national elementary and secondary school price index as designated in regulations adopted by the Department of Education. This change should make it easier for a district to estimate its support from the foundation program, subject to legislative appropriation. Also, the amount of the support should be more reflective of actual expenditure history and school needs than is the area cost differential currently fixed in statute. The bill also makes adjustments to the way centralized correspondence study students are counted for determining foundation support. Presently, all centralized correspondence study students are counted only as elementary students, even though they may be enrolled in the centralized correspondence study program as a secondary student. Section 2 of the bill allows secondary correspondence students to be properly classified. The bill also addresses the need for additional vocational education in the public schools. The bill revises the foundation aid program to base financial support on total secondary student enrollment, rather than on the number of students enrolled in vocational education courses. Also, each district is assured of a minimum of one instructional unit for vocational education under the foundation 1993-01-22 Senate Journal Page 0135 SB 62 program. See sec. 5 of the bill. The bill also makes adjustments to the foundation program for calculation of financial support to a district for its gifted and talented program. Under the bill, the district receives support on a flat percentage rate of total student count. Presently, financial support is based on each student identified and served as a gifted child by the district. The bill also repeals a provision (AS14.30.315) that requires the department to approve a district's program for gifted children in order for the district to be eligible for state foundation aid. The changes are designed to give districts more flexibility and to remove incentives to identify students as gifted in order to receive additional state aid. See secs. 6, 7, and 11 of the bill. The bill also establishes a later date for school districts to submit to the department the student count estimates on which foundation support is based. This additional time should facilitate more accurate estimates and eliminate the need for districts to submit numerous amended estimates in order to reflect actual enrollment more accurately. See sec. 8 of the bill. Additionally, the bill authorizes a district to request use of a different 20-school-day counting period to determine the student enrollment on which school foundation support is based. Presently, a district must use a 20-school-day counting period in October or February of a school year or, alternatively, another 20-school-day period in the same school year if the district receives permission from the commissioner of education. The existing counting periods provide little flexibility to a district that is experiencing decreased enrollment in the current school year. The bill would allow the district to receive permission to use the preceding school year's actual enrollment during the October, February, or other 20-school- day counting period, in order to allow for more predictable financial support and less volatility in receipt of state aid. This provision of the bill is intended to operate as a forward funding mechanism, so that districts can obligate themselves in the spring and summer for the following school year without fear that a lower actual enrollment 1993-01-22 Senate Journal Page 0136 SB 62 will occur which will substantially decrease foundation aid, after the district has committed itself to certain contractual obligations. See secs. 9 and 10 of the bill. Finally, since the bill makes some major adjustments in how foundation aid is calculated, sec. 12 of the bill protects a district so that its basic need for aid under AS14.17.021(b) for fiscal years 1994, 1995, and 1996 will not be less than the amount calculated under the present formula, unless there is a reduction in student enrollment. This bill represents the collective wisdom of the many Alaskans through Alaska 2000 to improve the way the state provides financial aid to school districts. Given the amount of the state budget at stake in this important program, it is essential that the program be run efficiently and effectively to benefit all Alaskans, especially the children of Alaska. I urge your early consideration of this important legislation. Sincerely, /s/ Walter J. Hickel Governor SB 63 SENATE BILL NO. 63 by Senator Little, entitled: "An Act making special appropriations to the Department of Natural Resources for the purchase of the inholdings of the Seldovia Native Association and the Cook Inlet Region, Inc., and the timber rights of the Timber Trading Company, within the Kachemak Bay State Park; and providing for an effective date." 1993-01-22 Senate Journal Page 0137 SB 63 was read the first time and referred to the Resources Committee, the Judiciary Committee and the Finance Committee. SB 64 SENATE BILL NO. 64 by the Senate Labor and Commerce Committee, entitled: "An Act relating to civil liability for workplace safety inspections; and providing and effective date." was read the first time and referred to the Labor and Commerce Committee and the Judiciary Committee. CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Cheryl Cameron and Christina Vieira, Girl Scout Gold Award By Representative Grussendorf Senators Taylor, Duncan, Zharoff, Lincoln In Memoriam - Johan Arthur Johnson By Senators Kerttula, Halford, Pearce, Rieger, Leman, Lincoln In Memoriam - George H. Plumley By Senators Kerttula, Halford, Pearce, Rieger, Lincoln, Leman, Zharoff In Memoriam - Elsie Marie Eliason By Representative Grussendorf Senators Taylor, Halford, Lincoln, Miller, Leman, Duncan, Zharoff 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. 1993-01-22 Senate Journal Page 0138 UNFINISHED BUSINESS Senator Rieger moved and asked unanimous consent that he be excused from a call of the Senate from the evening of January 22 to plane time the morning of January 25. Without objection, Senator Rieger was excused. Senator Lincoln moved and asked unanimous consent that her previous request to be excused from a call of the Senate from 6:00 p.m. January 22 to plane time January 25 (page 93) be withdrawn. Without objection, it was so ordered. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate from 6:00 p.m. January 29 through plane time the morning of January 31. Without objection, Senator Lincoln was excused. President Halford stated that it was his intention that the newly appointed Ad Hoc Committee on Legislative Ethics (page 96) would follow the new ethics law that took effect on January 11 of this year to the maximum extent possible. ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 25, 1993. Without objection, the Senate adjourned at 12:15 p.m. Nancy Quinto Secretary of the Senate January 1993 1993-01-22 Senate Journal Page 0139 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS SENATE FINANCE 518 JAN 22 FRIDAY 10:20 AM SENATE FINANCE CRA BUDGET OVERVIEW BY COMMISSIONER BLATCHFORD JAN 26 TUESDAY 9:00 AM SB 48 APPROP: SUPPLEMENTAL FOR ELECTIONS SB 15 VILLAGE PUBLIC SAFETY OFFICERS PROGRAM JAN 28 THURSDAY 9:00 AM SB 26 LEGISLATIVE SESSIONS TO BE IN ANCHORAGE ---------------------------------------- FINANCE SENATE FINANCE 518 JAN 22 FRIDAY 9:00 AM ****NOTE DATE AND TIME CHANGE**** BUDGET OVERVIEW: ADMINISTRATION ..COMMISSIONER NANCY USERA JAN 22 FRIDAY 9:40 AM BUDGET OVERVIEW, FISH AND GAME ..COMMISSIONER CARL ROSIER JAN 22 FRIDAY 10:20 AM BUDGET OVERVIEW: COMMUNITY & REGIONAL AFFAIRS ..COMMISSIONER BLATCHFORD 1993-01-22 Senate Journal Page 0140 JAN 25 MONDAY 9:00 AM BUDGET OVERVIEW: NATURAL RESOURCES ..COMMISSIONER GLENN OLDS JAN 25 MONDAY 9:40 AM BUDGET OVERVIEW: DMVA ..ADJUTANT GENERAL HUGH COX JAN 25 MONDAY 10:20 AM BUDGET OVERVIEW: LAW ..ATTORNEY GENERAL CHARLIE COLE JAN 26 TUESDAY 9:00 AM BUDGET OVERVIEW: ENVIRONMENTAL CONSERVATION ..COMMISSIONER JOHN SANDOR JAN 26 TUESDAY 9:40 AM BUDGET OVERVIEW: CORRECTIONS ..COMMISSIONER LLOYD RUPP JAN 27 WEDNESDAY 9:00 AM CARRY-OVERS FROM PREVIOUS OVERVIEWS JAN 28 THURSDAY 9:00 AM ..JOINT WITH SENATE HES "THE MECHANICS OF THE SCHOOL FOUNDATION FORMULA" PRESENTED BY ALASKA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS JAN 28 THURSDAY 3:30 PM ..JOINT WITH SENATE TRANSPORTATION OVERVIEW: INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) BY DOT/PF 1993-01-22 Senate Journal Page 0141 JAN 29 FRIDAY 9:00 AM ..JOINT WITH HOUSE FINANCE PRESENTATION BY ALASKA SENTENCING COMMISSION ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 JAN 22 FRIDAY 1:30 PM NO MEETING SCHEDULED JAN 25 MONDAY 1:30 PM NO MEETING SCHEDULED JAN 27 WEDNESDAY 1:30 PM SB 53 ANNULLING ABORTION FUNDING REGULATIONS <PENDING INTRODUCTION AND REFERRAL> JAN 28 THURSDAY 9:00 AM ..JOINT WITH SENATE FINANCE ALASKA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS WILL PRESENT "THE MECHANICS OF THE SCHOOL FOUNDATION FORMULA" JAN 29 FRIDAY 1:30 PM ALASKA STATE BOARD OF EDUCATION PRESENTATION: ALASKA 2000 ---------------------------------------- JUDICIARY BELTZ ROOM 211 JAN 25 MONDAY 1:30 PM NO MEETING SCHEDULED JAN 27 WEDNESDAY 1:30 PM NO MEETING SCHEDULED 1993-01-22 Senate Journal Page 0142 JAN 29 FRIDAY 1:30 PM *******LOCATION CHANGE******* ..JOINT WITH HOUSE JUDICIARY ALASKA SENTENCING COMMISSION ---------------------------------------- LABOR & COMMERCE BELTZ ROOM 211 JAN 26 TUESDAY 1:30 PM SB 47 REGISTRATION/EQUIPMENT OF CUSTOM CARS BILLS PREVIOUSLY HEARD JAN 28 THURSDAY 1:30 PM MEETING, IF NECESSARY, FOR BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 JAN 22 FRIDAY 1:30 PM ********CANCELLED*********** EO 83 MERGE STATE GEOGRAPHIC BOARD AND STATE HISTORIC SITES COMMITTEE INTO ALASKA HISTORICAL COMMISSION IN DNR EO 86 TRANSFER FUNCTIONS AND DUTIES OF FRED DIVISION TO ADF&G JAN 25 MONDAY 3:30 PM SB 43 GRANTS TO TRANSPLANT ELK JAN 27 WEDNESDAY 3:30 PM NO MEETING SCHEDULED JAN 29 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- 1993-01-22 Senate Journal Page 0143 STATE AFFAIRS BUTROVICH ROOM 205 JAN 22 FRIDAY 9:00 AM SJR 4 90 DAY SESSION LIMIT SJR 5 COMMITTEE ACTION ON BILLS; CAUCUSES JAN 25 MONDAY 9:00 AM SJR 6 USE OF INITIATIVE TO AMEND CONSTITUTION JAN 27 WEDNESDAY 9:00 AM SJR 11 REPEAL OF REGULATIONS BY LEGISLATURE SJR 8 CAPITAL PROJECTS/EXPENDITURE LIMIT JAN 29 FRIDAY 9:00 AM SB 29 APPROP: EARNINGS RESERVE TO PF PRINCIPAL SB 49 YEAR-END CAMPAIGN FINANCE REPORTS FEB 01 MONDAY 9:00 AM BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 JAN 26 TUESDAY 3:30 PM ORIENTATION AND GENERAL DISCUSSION JAN 28 THURSDAY 3:30 PM *****NOTE LOCATION CHANGE******* ..JOINT WITH SENATE FINANCE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) BRIEFING BY DOT/PF 1993-01-22 Senate Journal Page 0144 SPECIAL COMMITTEES SPECIAL COMMITTEE ON OIL AND GAS CAPITOL 124 JAN 28 THURSDAY 10:00 AM ..JOINT WITH HOUSE OIL AND GAS OVERVIEW: DNR, DIVISION OF OIL AND GAS JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT HOUSE FINANCE 519 JAN 28 THURSDAY 4:00 PM PERMANENT FUND CORPORATION PRESENTATION FEB 05 FRIDAY 12:00 PM AGENDA: SPECIAL AUDIT REQUESTS; APPROVAL OF SPECIAL AUDITS, RPL'S AND COMMITTEE PROCEDURES ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH ROOM 205 JAN 22 FRIDAY 12:00 PM LEGISLATIVE COUNCIL OTHER COMMITTEES ANCHORAGE CAUCUS SENATE FINANCE 518 JAN 28 THURSDAY 12:00 PM ORGANIZATIONAL MEETING ---------------------------------------- 1993-01-22 Senate Journal Page 0145 AD HOC COMMITTEE ON ETHICS BUTROVICH ROOM 205 JAN 23 SATURDAY 1:00 PM AD HOC COMMITTEE ON ETHICS ---------------------------------------- HEALTH RESOURCES AND ACCESS TASK FORCE SENATE FINANCE 518 JAN 27 WEDNESDAY 12:00 PM PRESENTATION OF THE FINAL REPORT OF THE HEALTH RESOURCES AND ACCESS TASK FORCE