Legislature(1993 - 1994)
1993-02-05 Senate Journal
Full Journal pdf1993-02-05 Senate Journal Page 0239 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Friday February 5, 1993 Twenty-sixth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:12 a.m. The roll showed eighteen members present. Senator Little was excused from a call of the Senate. Senator Jacko was absent. The prayer was offered by the Chaplain, The Reverend Leon Thompson of the Chapel by the Lake Church. Senator Miller led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the twenty-fourth and twenty-fifth 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: Drug Control and System Improvement Formula Grant Application, FFY 1993 from Richard L. Burton, Commissioner, Department of Public Safety in accordance with the grant application requirements Alaska Aerospace Development Corporation, Annual Report from Pat Ladner, Executive Director in accordance with AS 14.40.866 239 1993-02-05 Senate Journal Page 0240 Department of Commerce and Economic Development, Annual State Loan Report from Paul Fuhs, Commissioner in accordance with AS 37.05.035 STANDING COMMITTEE REPORTS SB 15 The Community and Regional Affairs Committee considered SENATE BILL NO. 15 "An Act relating to the village public safety officers program" and recommended it be replaced with CS FOR SENATE BILL NO. 15(CRA) Signing no recommendation: Senator Phillips, Chair, Senator Taylor. Signing do pass: Senators Adams, Zharoff. Zero fiscal note for SENATE BILL NO. 15 and the Committee Substitute published today from Department of Public Safety. SENATE BILL NO. 15 was referred to the Judiciary Committee. SB 46 The Resources Committee considered SENATE BILL NO. 46 "An Act authorizing moose farming." Signing do pass: Senator Miller, Chair, Senators Pearce, Frank, Leman. Zero fiscal note published today from Department of Fish and Game. SENATE BILL NO. 46 was referred to the Finance Committee. Letters dated February 3 were read stating: In accordance with AS 24.60.130, the members of the Senate Judiciary Committee make the following recommendations in the matter of confirming the appointment of: Margie Mac Neille to the Select Committee on Legislative Ethics. 1993-02-05 Senate Journal Page 0241 Signing no recommendation: Senator Taylor, Chair. Signing Confirm: Senator Little. Signing under other recommendations: Senator Halford. Signing Abstain: Senator Donley. In accordance with AS 24.60.130, the members of the Senate Judiciary Committee make the following recommendations in the matter of confirming the appointment of: Niel Thomas to the Select Committee on Legislative Ethics. Signing no recommendation: Senator Taylor, Chair. Signing Confirm: Senator Little. Signing under other recommendations: Senator Halford. Signing Abstain: Senator Donley. In accordance with AS 24.60.130, the members of the Senate Judiciary Committee make the following recommendations in the matter of confirming the appointment of: Jack P. Curry to the Select Committee on Legislative Ethics. Signing no recommendation: Senator Taylor, Chair. Signing Confirm: Senator Little. Signing under other recommendations: Senator Halford. Signing Abstain: Senator Donley. In accordance with AS 24.60.130, the members of the Senate Judiciary Committee make the following recommendations in the matter of confirming the appointment of: Rodman Wilson, M.D. to the Select Committee on Legislative Ethics. Signing no recommendation: Senator Taylor, Chair. Signing Confirm: Senator Little. Signing Abstain: Senator Donley. 1993-02-05 Senate Journal Page 0242 In accordance with AS 24.60.130, the members of the Senate Judiciary Committee make the following recommendations in the matter of confirming the appointment of: Ruth Apgar to the Select Committee on Legislative Ethics. Signing no recommendation: Senator Taylor, Chair, Senator Little. Signing under other recommendations: Senator Halford. Signing Abstain: Senator Donley. Senator Taylor moved that Jack Curry be confirmed as a Public Member to the Select Committee on Legislative Ethics. The question being: "Shall Jack Curry be confirmed as a Public Member of the Select Committee on Legislative Ethics?" The roll was taken with the following result: Shall Jack Curry be confirmed as a Public Member to the Select Committee on Legislative Ethics YEAS: 17 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Adams, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Little Absent: Donley, Jacko and so, Jack Curry was confirmed by the Senate. Senator Taylor gave notice of reconsideration. Senator Taylor moved that Margie Mac Neille be confirmed as a Public Member to the Select Committee on Legislative Ethics. 1993-02-05 Senate Journal Page 0243 The question being: "Shall Margie Mac Neille be confirmed as a Public Member to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Shall Margie Mac Neille be confirmed as a Public Member to the Select Committee on Legislative Ethics YEAS: 17 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Adams, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Little Absent: Donley, Jacko and so, Margie Mac Neille was confirmed by the Senate. Senator Taylor gave notice of reconsideration. Senator Taylor moved that Niel Thomas be confirmed as a Public Member to the Select Committee on Legislative Ethics. The question being: "Shall Niel Thomas be confirmed as a Public Member to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Shall Niel Thomas be confirmed as a Public Member to the Select Committee on Legislative Ethics YEAS: 17 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Adams, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Little Absent: Donley, Jacko 1993-02-05 Senate Journal Page 0244 and so, Niel Thomas was confirmed by the Senate. Senator Taylor gave notice of reconsideration. Senator Taylor moved that Rodman Wilson, M.D. be confirmed as a Public Member to the Select Committee on Legislative Ethics. The question being: "Shall Rodman Wilson, M.D. be confirmed as a Public Member to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Shall Rodman Wilson be confirmed as a Public Member to the Select Committee on Legislative Ethics YEAS: 9 NAYS: 8 EXCUSED: 1 ABSENT: 2 Yeas: Adams, Duncan, Ellis, Kerttula, Leman, Lincoln, Phillips, Salo, Zharoff Nays: Frank, Halford, Kelly, Miller, Pearce, Rieger, Sharp, Taylor Excused: Little Absent: Donley, Jacko Adams changed from "nay" to "yea". and so, Rodman Wilson, M.D. failed to be confirmed by the Senate. Senator Duncan gave notice of reconsideration. Senator Taylor moved that Ruth Apgar be confirmed as a Public Member to the Select Committee on Legislative Ethics. The question being: "Shall Ruth Apgar be confirmed as a Public Member to the Select Committee on Legislative Ethics?" The roll was taken with the following result: 1993-02-05 Senate Journal Page 0245 Shall Ruth Apgar be confirmed as a Public Member to the Select Committee on Legislative Ethics YEAS: 1 NAYS: 16 EXCUSED: 1 ABSENT: 2 Yeas: Leman Nays: Adams, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Little Absent: Donley, Jacko and so, Ruth Apgar failed to be confirmed by the Senate. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 19 SENATE JOINT RESOLUTION NO. 19 by Senator Taylor, Requesting the United States Air Force to rename Shemya Air Force Base to Eareckson Air Force Base. was read the first time and referred to the State Affairs Committee. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 90 SENATE BILL NO. 90 by Senator Leman, entitled: 1993-02-05 Senate Journal Page 0246 SB 90 "An Act clarifying powers and duties of state officials in relation to a disaster emergency caused by a catastrophic oil discharge or the release of a hazardous substance." was read the first time and referred to the Senate Special Committee on Oil and Gas and Resources Committee. SB 91 SENATE BILL NO. 91 by Senator Leman, entitled: "An Act providing for coverage of midwife services under Medicaid; reordering the priority of optional services provided by the state under Medicaid; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services, Labor and Commerce and Finance Committees. SB 92 SENATE BILL NO. 92 by Senator Zharoff, entitled: "An Act relating to an advisory vote during regional educational attendance area school board elections; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs, Health, Education and Social Services and Finance Committees. SB 93 SENATE BILL NO. 93 by Senator Zharoff, entitled: 1993-02-05 Senate Journal Page 0247 SB 93 "An Act relating to the commercial fisheries development endowment; and providing for an effective date." was read the first time and referred to the Resources, Labor and Commerce and Finance Committees. SB 94 SENATE BILL NO. 94 by Senator Zharoff, entitled: "An Act making appropriations to the commercial fisheries development endowment and to the Alaska Fisheries Development Foundation; and providing for an effective date." was read the first time and referred to the Resources, Labor and Commerce and Finance Committees. SB 95 SENATE BILL NO. 95 by Senator Zharoff, entitled: "An Act relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs, Labor and Commerce and Judiciary Committees. SB 96 SENATE BILL NO. 96 by Senators Zharoff, Taylor, entitled: "An Act relating to loans for the purchase of individual fishery quota shares; and providing for an effective date." was read the first time and referred to the Resources, Labor and Commerce and Finance Committees. 1993-02-05 Senate Journal Page 0248 SB 97 SENATE BILL NO. 97 by Senator Pearce, entitled: "An Act relating to enhanced 911 emergency reporting systems; and providing for an effective date." was read the first time and referred to the Labor and Commerce, Judiciary and Finance Committees. SB 98 SENATE BILL NO. 98 by Senators Lincoln, Little, Zharoff, Salo, entitled: "An Act making appropriations for restoration projects relating to the Exxon Valdez oil spill; and providing for an effective date." was read the first time and referred to the Senate Special Committee on Oil and Gas, Resources, Judiciary and Finance Committees. SB 99 SENATE BILL NO. 99 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to the improvement of state finances through reduction of operating costs of certain state agencies and establishment of certain fees; and providing for an effective date." was read the first time and referred to the Labor and Commerce, Judiciary and Finance Committees. Fiscal notes published today from Department of Education (2), Department of Natural Resources, Department of Environmental Conservation (2), Department of Health and Social Services (2), Department of Labor (3), Department of Public Safety (2) and Department of Administration. Zero fiscal notes published today 1993-02-05 Senate Journal Page 0249 SB 99 from Department of Labor, Department of Administration (3) and Department of Revenue. Governor's transmittal letter dated February 5: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the improvement of state finances by reducing costs in the operations of certain state agencies and authorizing state agencies to defray a greater portion of their costs through the imposition of fees. A section-by-section description of this bill follows. Sections 1 - 32 of the bill authorize biennial renewal of liquor licenses by the Alcoholic Beverage Control Board. Under this bill, all liquor licenses that are now issued for a one-year period would be issued for a two-year period. As a result of the transitional procedures in sec. 71 of the bill, each year only one-half of the licenses would be subject to renewal. The board's staff now labors under a staggering amount of renewal-related work. The effect of the bill would be to spread that workload. Sections 33 - 35, 49, 64, and 70 (repealer of AS13.26.410(b)) relate to the duties of the Office of Public Advocacy. The bill proposes to delete certain functions of the Office of Public Advocacy (OPA) that are considered to be duplicative of services provided by other agencies or that are not constitutionally mandated. Due to the increase in child-in-need-of-aid cases, it is crucial that the many abused and neglected children receive priority in OPA appointments. Sections 33 - 35 of the bill would allow the Department of Administration to determine a schedule of reasonable fees for the costs of providing public guardians. The Office of Public Advocacy would be allowed to assess these fees against the estate or income of a ward or protected person for whom a guardian has been appointed, based on the financial ability on the ward or protected 1993-02-05 Senate Journal Page 0250 SB 99 person to pay these costs. Currently, no fees may be assessed against any person receiving the benefit of a public guardian except upon approval by a court. This process is cumbersome and expensive for the Office of Public Advocacy, which must pay for the costs of a court hearing, including the costs of counsel for both sides. These changes would simplify the procedure for recouping some of these costs, and would provide for consistent application of the fee schedule, while allowing an exemption forwards or protected persons who are not financially able to pay the fees. Section 49 of the bill would amend AS25.24.310 to delete the requirement that OPA provide guardian ad litem representation in certain child custody proceedings. Currently, the Alaska court system has personnel denoted as "custody investigators" who perform essentially the same function as OPA in custody proceedings. Section 64 of the bill would amend AS44.21.410(a), regarding the powers and duties of OPA, to correspond to the amendments made by secs. 33 - 35 of the bill. Additionally, this section would eliminate the requirement that OPA provide free attorney representation to parents whose children are involved in the disposition phase of delinquency proceedings, and the requirement of free representation in cases involving adoption of a minor, a petition to remove the disabilities of a minor, or a commitment proceeding involving a minor. Section 69 of the bill would delete the requirement that OPA represent minors in commitment proceedings, to correspond to one of the amendments to AS44.21.410(a)(4) made by sec. 64 of the bill. Section 70 would repeal AS13.26.410(b), for consistency with the amendments proposed by secs. 33 - 35. After the effective date of the sections relating to OPA in this bill, OPA would not accept new appointments for the types of cases deleted from OPA's mandate by the bill. However, OPA would 1993-02-05 Senate Journal Page 0251 SB 99 continue to represent those parties in cases to which OPA was appointed before the bill's effective date. Sections 36 - 38 would authorize the Alaska Commission on Postsecondary Education to assess a one percent guarantee fee on student loan awards made under the Scholarship Loan Program, effective July 1, 1994. These fees would be deposited into a loan guarantee fee account within the student loan fund and would be used to offset losses incurred due to student loan debt cancellation necessitated by death, disability, or bankruptcy of the student. The current statute does not allow security to be required for a loan and strictly limits the use of loan proceeds. These amendments also would provide that the loan guarantee fee be added to the loan award so that students would receive the full amount of money requested, up to the maximums set out in AS14.43.110 and 14.43.115, to pay for their educations. Sections 39 - 43 would authorize the same one percent loan guarantee fee to be assessed on loans under the Memorial Scholarship Loan Program, the Teacher Scholarship Loan Program, and the Family Education Loan Program. As a result, all of the student loan programs would assess a one percent loan guarantee fee on the amount of the loan awarded. Section 44 would establish in the Department of Labor the authority to set reasonable fees by regulation for administering special inspector examinations and processing applications for special boiler and pressure vessel inspector commissions. Currently the department does not charge a fee for processing these applications for administering the examinations. Section 45 would eliminate the requirement in AS18.62.020 that certificates of fitness for plumbers and electricians be valid for either a one-year or a three-year period. Under the bill, the Department of Labor would have the authority to set a time period in regulation for the certificates. This should increase the department's efficiency in 1993-02-05 Senate Journal Page 0252 SB 99 processing applications for these certificates and stabilize program receipts. Section 46 would eliminate the current statute's prescribed certificate of fitness fees for plumbers and electricians, and instead would establish authority in the Department of Labor to set reasonable fees by regulation. See AS18.62.030. This section would also allow the department to charge a fee for duplicate certificates. These changes would enable the department to set fees for certificates of fitness in line with the actual costs incurred in issuing them, and would authorize the department to recoup expenses incurred in issuing 100 - 150 duplicate certificates each year. Section 47 is a revenue-generating measure that would permit the Alaska Police Standards Council to adopt regulations to collect reasonable fees for processing applications for state certification of police and correctional officers and instructors who are employed by non-state agencies. Section 48 would raise the required fee for filing an application for an employment agency permit under AS23.15.390 from $10 to $100. This higher amount reflects the costs of the review done by the Department of Labor for these permits. Sections 50 - 57 would amend AS28 (motor vehicles) to enhance revenue through increased motor vehicle fees or to correct technical problems in the motor vehicle laws to increase the efficiency of the Department of Public Safety. Section 50 would delete the phrase "vehicle register" in AS28.10.071(a), which no longer is meaningful in light of current computer technology. In addition, this section would clarify the authority of the department to adopt regulations to recover the state's costs in generating computerized vehicle registration lists. Section 51 would amend AS28.10.181(c) to permit the issuance of special request license plates depicting Alaska wildlife and other 1993-02-05 Senate Journal Page 0253 SB 99 images of life in Alaska. This change would produce revenue through the issuance of these special request plates. Section 52 changes the eligibility for free vehicle registration and license plates for disabled persons by adopting the definition of limited or impaired ability to walk that appears in a federal regulation (23C.F.R. 1235.2). The special license plate allows the holder to have special consideration for designated parking for the disabled. The existing statute (AS28.10.181(d)) allows a person with at least a 70 percent disability or medical handicap to obtain vehicle registration at no charge, and, through the free special license plates, to use the designated parking even though the person may not have a disability that affects walking. The new definition would provide for free vehicle registration and license plates to those most in need of special parking. The department should receive additional revenue from vehicle registration fees and the sale of regular license plates to those who no longer qualify under AS28.10.181(d). Section 53 clarifies an ambiguity in AS28.10.181(j) by explicitly requiring that car dealers use two dealer plates on each vehicle permitted to have dealer plates (all license plates are issued in pairs). The somewhat confusing language of the existing statute has allowed some dealers to split a pair of plates between two vehicles. The Department of Public Safety should receive increased revenue through the sale of additional plates to dealers. Sections 54 and 58, and the repeal of AS28.10.011(12) in sec. 70, together make clear that mobile homes are not considered "vehicles" for purposes of administering motor vehicle laws. Under the changes made by these sections, the Department of Public Safety, division of motor vehicles, will no longer provide registration and motor vehicle titles for mobile homes. Section 55 would clarify that senior citizens are entitled to free vehicle registration of only one vehicle once each calendar year. 1993-02-05 Senate Journal Page 0254 SB 99 This change is needed in order to avoid significant difficulties and administrative costs encountered in maintaining proper registration when senior citizens buy, sell, or trade vehicles during the year and claim free registration on more than one vehicle during the year. Section 56 provides an additional registration fee of $10 for vehicle registration not done by mail. This section would provide an incentive for people to use the mail for vehicle registration. This should alleviate some of the delays that most people are encountering at division of motor vehicle field offices and allow DPS staff to function more efficiently. This section also allows the department to adopt regulations to waive the additional fee in appropriate circumstances. Section 57 would clarify AS28.10.421(c) by requiring that companies and businesses that register vehicles in their company or business name must pay commercial registration fees, and cannot avoid paying those fees by claiming that the vehicle is not used for commercial purposes. Section 59 exempts money that the state receives for administering the group insurance programs established under AS39.30.090 (primarily health insurance programs) from the definition of "program receipts" in AS37.05.146. This change will result in accounting efficiencies being saved in the Department of Administration's ongoing operations and cost-savings to the state. Sections 60 and 61 of the bill amend AS37.05.289, the State Insurance Catastrophe Reserve Account (Account), by providing that payments to the state of insurance claim settlement money and money received by the state as recovery for losses, are to be deposited directly into the Account (which is in the general fund). Presently, such money that is received by the division of risk management must be credited to the general fund and is appropriated to the state agency to which the payment is related. The United States Department of Health & Human Services' division of cost allocation has determined that certain insurance recovery money must 1993-02-05 Senate Journal Page 0255 SB 99 be returned to the Account (from which federally funded state agencies have been charged premiums through division of risk management "Cost of Risk" allocations). The federal government demands that a portion of such insurance recoveries be refunded to the appropriate federal program. By allowing for insurance settlement and claims recovery money to be deposited directly into the state insurance catastrophe reserve account, future premium assessments are expected to be reduced and the state will be in compliance with federal cost allocation standards. An appropriation would still be required before expenditure of money in that account. Additionally, the new procedures should reduce the considerable accounting required with the present system. Section 62 would clarify the authority of the Department of Natural Resources to accept cash or other donations to support the system of state parks and recreational facilities. Section 63 would expand the authority of the Department of Natural Resources to collect reasonable fees for services provided in state parks. It would add several new categories of park fees, including sale of firewood, sale of park-related merchandise, entrance fee into visitor centers and historic sites, sale of plans and graphic materials, day use fees, and fees for park-related programs. The bill, in sec. 71, also would set a temporary fee schedule for certain of these services, to be used until the Department of Natural Resources sets the fees by regulation. In the fourth year of a phased implementation schedule, these new fees are expected to raise around $400,000. Sections 65 and 66 of the bill would amend, and add a new subsection to, AS44.46.025 to provide the Department of Environmental Conservation (DEC) with increased authority to charge fees to offset the direct costs of various programs designed to avoid and rectify pollution, to ensure healthy and safe public facilities, and to assist business in complying with local, state, and federal environmental standards. An existing statute presently limits DEC's 1993-02-05 Senate Journal Page 0256 SB 99 authority to charge fees to certain enumerated subject areas, and further limits DEC's fee authority to specified services related to those subjects. Thus, DEC may charge a fee to reflect the costs associated with the issuance of a permit for a hazardous waste facility, but may not charge a fee when a permit is not issued (either because the application is withdrawn or a permit is determined not to be necessary), even though DEC incurs costs in reviewing the application. This results in the permitted facilities shouldering an inequitably large share of the cost of the hazardous waste management program. Section 65 would rectify this problem in several ways. First, it would amend the introductory clause of AS44.46.025(a), to allow DEC to charge fees for any services relating to the programs listed in (a), not just the underinclusive listing of activities now set out in the law. This amendment recognizes that DEC employs methods other than permits and inspections in its activities. Second, through sec. 65, the itemized list of programs in the subsection would be modified and expanded, to allow the DEC to charge fees reflecting the direct costs of: (1) management of hazardous waste, not just permitting costs; (2) approvals of sites for hazardous waste management facilities; (3) control of solid waste facilities, and permits for those facilities, including wetlands permits (assuming state assumption of the wetlands permitting process that is currently handled by the United States Army Corps of Engineers); (4) reviews of sewage and industrial waste disposal or treatment plans; (5) oversight of the application of pesticides and broadcast chemicals; (6) inspection, testing, or other regulation of a wider variety of service facilities; (7) certification of private laboratories that will conduct a variety of environmental analyses for profit; (8) state testing for and issuance of certificates of inspection for motor vehicles; (9) certification of federal permits or authorizations under the federal Clean Water Act; and (10) filing of information with the Alaska State Emergency Response Commission. 1993-02-05 Senate Journal Page 0257 SB 99 Section 66 would revise the existing fee language relating to the air quality permit program, removing it from AS44.46.025(a) and placing it in a new subsec. (c) of AS44.46.025. This new subsection authorizes DEC to set fees for program services to cover indirect costs of the program, as well as direct costs. This change is incorporated in the bill because air quality permit program fees must reflect both indirect and direct costs to meet requirements of the federal Clean Air Act. Section 67 would amend AS47.07.020(b) to add a new category of persons to the state's optional list of those eligible for federal Medicaid coverage. Through the amendment, the state could claim federal matching money for medical costs now paid entirely from state money. Children under age 21 who are eligible for adoption assistance under AS25.23.190 - 25.23.220 because of special medical or rehabilitative needs would be added to the optional Medicaid-eligible list under this provision. Section 68 would amend AS47.07.035, which lists the order of priority in which groups eligible under the optional Medicaid program will be eliminated from Medicaid coverage when there are insufficient appropriations to cover all optional services and groups. This bill would add, as para. (28) in this list, persons under age 21 who are eligible for adoption assistance due to special medical or rehabilitative needs. Placement of this group as number 28 would mean that this group would be the last to be eliminated for Medicaid coverage in the event of a shortfall of appropriations. Section 70 repeals certain provisions of Alaska law. AS13.26.410(b) would be repealed to make a necessary conforming amendment to facilitate the collection of fees by OPA as set out in secs. 33 - 35 of this bill. AS28.10.011(12) is repealed to remove a reference to mobile homes from AS28, as described earlier in this letter. AS28.10.181(k) is repealed to allow the Department of Public Safety (DPS) to no longer register vehicles that are only occasionally used on a highway. This repeal should reduce the workload for DPS, as well. AS28.22.011(a)(3) is repealed to make 1993-02-05 Senate Journal Page 0258 SB 99 a technical amendment to mandatory motor vehicle insurance to conform to the repeal of AS28.10.181(k), relating to occasional used vehicles. Finally, AS37.05.210(1) is repealed to remove the statutory requirement for the Department of Administration to make monthly and annual reports on the financial condition and transactions of funds in the state accounting system. The department currently prepares these reports by computer on a more frequent basis. The repeal would leave intact the Department of Administration's responsibility to file a year-end report on the financial condition of the state, including financial transactions from the preceding fiscal year. Section 73 would give transitional authority to allow state agencies to begin the process to adopt regulations as soon as the bill is signed into law, so long as the new regulations do not become effective before the respective effective dates of the relevant sections of this bill. Section 74 of this bill would give this section an immediate effective date. Section 74 also would provide an immediate effective date for the transitional sections related to temporary fees in state parks and staggered expiration of licenses issued by the Alcoholic Beverage Control Board. Section 75 would provide a July 1, 1993 effective date for the majority of sections of the bill to coincide with the start of state fiscal year 1994. Section 76 would provide an effective date of December 31, 1993 to allow a uniform date for the changing from annual to biennial licenses issued by the Alcoholic Beverage Control Board. Section 77 would give secs. 36 - 43 of this bill an effective date of July 1, 1994 to allow the Alaska Commission on Postsecondary Education to institute the uniform fee assessment for the 1994 - 1995 academic year. 1993-02-05 Senate Journal Page 0259 SB 99 I urge your favorable consideration of this bill. Sincerely, /s/ Walter J. Hickel Governor SB 100 SENATE BILL NO. 100 by the Senate Rules Committee by request of the Governor, entitled: "An Act making supplemental and special appropriations for the expenses of state government; making, amending, and repealing capital and operating appropriations; and providing for an effective date." was read the first time and referred to the Finance Committee. Governor's transmittal letter dated February 5: Dear Mr. President: Under the authority of article III, section 18, of the Alaska Constitution, I am transmitting a bill which makes miscellaneous supplemental appropriations for fiscal year 1993 and prior years. The legislation also reallocates current year funding in order to offset some of the projected shortfalls. Supplemental appropriations in recent years have reached the $100 million level. My Administration pledged to the Legislature that we would take steps to significantly reduce this amount. We have done this. Nearly all the requested supplementals are for purposes not within the control of management. Caseloads continue to increase in public assistance programs and Longevity Bonus. Student enrollment at schools throughout the state continue to climb. Fires 1993-02-05 Senate Journal Page 0260 SB 100 break out which the state must fight to protect the life and property of Alaskans. The prison population continues to grow. We can't pretend these costs aren't there nor can we turn away from meeting these responsibilities. At the request of the Finance Committees, I am introducing this legislation earlier than the statutory deadline. I am hopeful this will enable the committee to take prompt action that will facilitate an earlier completion of the Legislature's work this session. Additional information supporting these requests will be furnished to the Finance Committees by the Office of Management and Budget. Sincerely, /s/ Walter J. Hickel Governor SB 101 SENATE BILL NO. 101 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to eligibility for and payments of public assistance; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. Fiscal notes published today from Department of Health and Social Services (5). Governor's transmittal letter dated February 5: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to eligibility for and payments of 1993-02-05 Senate Journal Page 0261 SB 101 public assistance. The bill represents the Administration's proposal to control the growth of expenditures in formula welfare programs. Section 1 of the bill would amend AS47.25.320(a) to require that the maximum monthly amount of aid-to-families-with-dependent- children (AFDC) assistance for a second adult in a two-parent AFDC household be the same as for a second dependent child in a home where there is one adult. Currently, the monthly amount for a three- person household composed of two adults and one child is $88 more than for a three-person household composed of one adult and two children; this difference increased to $90 on January1, 1993. Section 1 also amends the standards for families that include one or more dependent children living with a nonneedy relative, to bring the AFDC program into conformity with federal requirements that the increment for a second child be the same as the increment for any additional children. The maximum grant amounts in AS47.35.320(a) were last amended in 1982. However, under AS47.35.320(d) those maximum amounts have been increased a number of times to reflect cost-of-living increases. Section 1 amends the maximum grant amounts, starting July1, 1993, to roll back those amounts to the 1991 benefit level. Section 2 of the bill amends AS47.25.320(d) to provide that the department may not increase those monetary maximums based on an increase in benefits that takes effect anytime during the calendar year that begins on January 1, 1994, nor on an increase in benefits that took effect on or before January 1, 1993. Section 3 of the bill would allow DHSS to adopt regulations to establish a monthly need standard for AFDC that equals or exceeds the monthly payment standard for AFDC. In combination with the reduction of AFDC grant amounts in sec. 1 of the bill, this provision will provide an incentive for an AFDC family to augment its income within limits without automatically jeopardizing eligibility. Section 4 would amend AS47.25.430(b), relating to cost-of-living increases in the adult public assistance program, to provide that the 1993-02-05 Senate Journal Page 0262 SB 101 department will not increase the maximum state contribution to recipients by any cost-of-living increase that takes effect during the calendar year beginning on January 1, 1994, and to conform to the changes made by sec. 5 of the bill. Section 5 of the bill requires DHSS to reduce the maximum state contribution to recipients in the adult public assistance program to the 1990 level and to adjust monthly grants of assistance accordingly. Section 6 of the bill would amend AS47.25.455 to provide for reimbursement for interim assistance and to eliminate retroactive adult public assistance payments to interim assistance recipients. The existing statute requires DHSS to pay $280 per month to eligible individuals while the Social Security Administration (SSA) is processing their disability applications; once an individual is determined eligible, the SSA makes a retroactive payment to that person. With this change in AS 47.25.455, an applicant for interim assistance would have to agree at the time of initial application to have retroactive SSI benefits paid to DHSS to reimburse the state for the interim assistance received by the applicant. Section 7 repeals AS47.25.320(e) to conform to the change made in sec. 1 related to reducing grant amounts for two-parent households. Section 8 provides transitional authority to allow DHSS to adopt regulations before July 1, 1993, but the regulations cannot take effect before that date. This provision should facilitate timely implementation of the new statutory changes. Sections 9 and 10 provide for an effective date for the bill. 1993-02-05 Senate Journal Page 0263 SB 101 I urge your serious consideration of these proposals to control the growth of the state budget. Sincerely, /s/ Walter J. Hickel Governor SB 102 SENATE BILL NO. 102 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to municipal property tax exemptions for certain residences and to property tax equivalency payments for certain residents; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs and Finance Committees. Zero fiscal notes published today from Department of Community and Regional Affairs (2) and Department of Administration. Governor's transmittal letter dated February 5: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the mandatory and optional property tax exemptions for residences of senior citizens, disabled veterans and their widow or widowers, and to property tax equivalency payments for certain residents. The bill provides for municipalities to offer tax exemptions to these people and repeals the mandatory property tax exemption. The bill also repeals the provision for state reimbursement to municipalities 1993-02-05 Senate Journal Page 0264 SB 102 for property tax revenue lost to the municipality by operation of the mandatory tax exemptions. Also, the bill repeals the provision for a property tax equivalency payment from the state to persons who rent a residence but would otherwise qualify for a mandatory tax exemption (the "renter's rebate" program). Finally, the bill has a retroactive effective date to January 1, 1993. Due to declining state revenue, it has become apparent over the past several years that the state can no longer afford to fully pay for the municipal reimbursement program for the mandatory senior citizen or disabled veteran property tax exemptions. As a result, municipalities have not been reimbursed in full for the tax revenue lost due to the mandatory property tax exemptions. This bill will allow municipalities to decide whether they wish to exempt such property from taxation in whole or in part. If they choose to exempt the property, they will, of course, lose tax revenue, but that decision will be up to the individual municipality and will not be mandated by the state. Also, again due to declining state revenue, the state has not fully funded the "renter's rebate" program during the past several years. It is appropriate that this program be repealed at the same time as the mandatory property tax exemption provision in order to ensure that, for property tax purposes, the state is treating seniors and disabled veterans who rent a residence in a manner similar to seniors and disabled veterans who own a residence. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Walter J. Hickel Governor 1993-02-05 Senate Journal Page 0265 SB 103 SENATE BILL NO. 103 by the Senate Resources Committee, entitled: "An Act relating to air quality control and the prevention, abatement, and control of air pollution; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Seward Volunteer Ambulance Corps By Representative G. Davis Senators Adams, Little, Kerttula, Donley, Pearce, Zharoff, Lincoln, Salo, Leman Honoring - Keri Baumgardner, Miss Alaska 1992 By Senators Phillips, Halford, Pearce, Kerttula, Donley, Zharoff, Lincoln, Salo, Leman Representatives Willis, Kott Honoring - Fairview Community Patrol By Senators Ellis, Pearce, Kerttula, Donley, Salo, Leman Representatives Finkelstein, Brown In Memoriam - Dorothy A. Jones By Senators Kerttula, Halford, Zharoff, Taylor, Phillips, Pearce, Donley, Lincoln, Salo, Leman, Ellis, Adams, Rieger, Kelly, Frank Representatives Carney, Menard, Larson, 1993-02-05 Senate Journal Page 0266 In Memoriam - Chief Justice Thurgood Marshall By Senators Kerttula, Phillips, Pearce, Donley, Zharoff, Lincoln, Salo, Ellis, Halford, Rieger, Kelly, Frank 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 Senator Phillips moved and asked unanimous consent that he be excused from a call of the Senate from 4:00 p.m., February 26 to morning plane time March 1. Without objection, Senator Phillips was excused. Senator Taylor moved and asked unanimous consent that the reconsiderations on the public members appointed to the Select Committee on Legislative Ethics be taken up at this time. Senator Duncan objected. Senator Duncan announced a minority caucus. Senator Taylor announced a majority caucus. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to 1:00 p.m. Without objection, the Senate recessed at 11:56 a.m. AFTER RECESS The Senate reconvened at 1:16 p.m. 1993-02-05 Senate Journal Page 0267 UNFINISHED BUSINESS CONTINUED Senator Taylor moved and asked unanimous consent that the reconsideration notice on the confirmation of Public Members Neil Thomas, Margie Mac Neille and Jack P. Curry to the Select Committee on Legislative Ethics (pages 242 - 244) be withdrawn. Without objection, it was so ordered. 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., February 8, 1993. Without objection, the Senate adjourned at 1:25 p.m. Nancy Quinto Secretary of the Senate February 1993 1993-02-05 Senate Journal Page 0268 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 FEB 09 TUESDAY 9:00 AM TELECONFERENCE ALASKA BOUNDARY COMMISSION-ANNEXATION PROPOSALS ..DISCUSSION OF FISCAL NOTES FOR: SB 26 LEGISLATIVE SESSIONS TO BE IN ANCHORAGE FEB 11 THURSDAY 9:00 AM ALASKA BOUNDARY COMMISSION-ANNEXATION PROPOSALS ---------------------------------------- FINANCE SENATE FINANCE 518 FEB 05 FRIDAY 9:00 AM CIP OVERVIEWS: ..9:00 AM--LAW ..9:15 AM--NATURAL RESOURCES ..9:40 AM--UNIVERSITY OF ALASKA .10:20 AM--ENVIRONMENTAL CONSERVATION FEB 08 MONDAY 9:00 AM ...9:00 AM, CIP OVERVIEW, DEPT OF EDUCATION ..10:15 AM, CIP OVERVIEW, DEPT OF REVENUE FEB 09 TUESDAY 9:00 AM CIP OVERVIEW, UNIVERSITY FEB 10 WEDNESDAY 8:00 AM SB 47 REGISTRATION/EQUIPMENT OF CUSTOM CARS HB 68 APPROP: SUPPLEMENTAL FOR ELECTIONS SB 30 EXTEND ALASKA MINERALS COMM;AGENCY REPORT ***NOTE TIME CHANGE***** FEB 10 WEDNESDAY 9:00 AM ALASKA RAILROAD AND RAILROAD BOARD FEB 11 THURSDAY 9:00 AM ECONOMIC OVERVIEW, DEPARTMENT OF LABOR 1993-02-05 Senate Journal Page 0269 FINANCE CONTINUED FEB 11 THURSDAY 1:30 PM ***NOTE LOCATION CHANGE TO HOUSE FINANCE 519*** INTERNATIONAL ASSOCIATION OF RESIDENTIAL AND COMMUNITY ALTERNATIVES (IARCA) PRESENTATION TO HOUSE FINANCE. SENATE FINANCE COMMITTEE MEMBERS INVITED TO ATTEND. FEB 12 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 05 FRIDAY 1:30 PM ********CANCELLED*********** BILLS PREVIOUSLY HEARD FEB 08 MONDAY 1:30 PM SB 61 IMPLEMENT ALASKA 2000 RECOMMENDATIONS FEB 10 WEDNESDAY 1:30 PM ..EDUCATION BILLS PREVIOUSLY HEARD SB 59 SCHOOL CONSTRUCTION & MAINTENANCE GRANTS SB 60 APPROP:SCHOOL CONSTRUCTION GRANT FUND SB 61 IMPLEMENT ALASKA 2000 RECOMMENDATIONS FEB 12 FRIDAY 1:30 PM NO MEETING SCHEDULED FEB 15 MONDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 05 FRIDAY 1:30 PM NO MEETING SCHEDULED FEB 08 MONDAY 1:30 PM CONFIRMATION HEARING: LLOYD G. RUPP, DEPARTMENT OF CORRECTIONS SB 54 OFFENSES BY JUVENILE OFFENDERS SJR 11 REPEAL OF REGULATIONS BY LEGISLATURE 1993-02-05 Senate Journal Page 0270 JUDICIARY CONTINUED FEB 10 WEDNESDAY 1:30 PM SB 53 ANNULLING ABORTION FUNDING REGULATIONS <TELECONFERENCE ON ABOVE BILL-KTN, SITKA> SB 19 CRIME OF CONSPIRACY OTHER BILLS PREVIOUSLY HEARD FEB 12 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE BELTZ ROOM 211 FEB 09 TUESDAY 1:30 PM SB 66 UNIFORM LIMITED PARTNERSHIP ACT UPDATE SB 85 EXTEND TOURISM MARKETING COUNCIL SB 73 LIABILITY OF DESIGN/CONSTRUCTION PROS BILLS PREVIOUSLY HEARD FEB 11 THURSDAY 1:30 PM SB 76 CHARITABLE GAMING RESTRICTIONS BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 05 FRIDAY 3:30 PM SB 67 MENTAL HEALTH TRUST AMENDMENTS FEB 08 MONDAY 3:30 PM EO 83 MERGE GEO BOARD AND HISTORIC SITES CMTE EO 86 TRANSFER FUNCTIONS OF FRED TO ADFG FEB 10 WEDNESDAY 3:30 PM SB 77 INTENSIVE MANAGEMENT OF GAME RESOURCES FEB 12 FRIDAY 3:30 PM NO MEETING SCHEDULED FEB 15 MONDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- 1993-02-05 Senate Journal Page 0271 STATE AFFAIRS BUTROVICH ROOM 205 FEB 05 FRIDAY 9:00 AM ********CANCELLED*********** SJR 14 LINE ITEM VETO FOR U.S. PRESIDENT SJR 2 RIGHTS OF VICTIMS OF CRIMES BILLS PREVIOUSLY HEARD FEB 08 MONDAY 9:00 AM NO MEETING SCHEDULED FEB 10 WEDNESDAY 9:00 AM SB 18 APPR: WEST ANCHORAGE HIGH SCHOOL SJR 14 LINE ITEM VETO FOR U.S. PRESIDENT SB 79 BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES SB 80 BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES FEB 12 FRIDAY 9:00 AM NO MEETING SCHEDULED FEB 13 SATURDAY 1:30 PM ***NOTE DATE, TIME AND LOCATION CHANGES** ***TO BE HELD AT WEST HIGH SCHOOL, ANCHORAGE*** COMMITTEE WORK SESSION: SB 18 APPR: WEST ANCHORAGE HIGH SCHOOL FEB 15 MONDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 FEB 09 TUESDAY 3:30 PM BRIEFING ON ALASKA RAILROAD ISSUES WORK SESSION ON BILLS PREVIOUSLY HEARD FEB 11 THURSDAY 3:30 PM NO MEETING SCHEDULED 1993-02-05 Senate Journal Page 0272 FINANCE SUBCOMMITTEES ADMINISTRATION SENATE FINANCE 518 FEB 10 WEDNESDAY 5:00 PM COMMISSIONER, ADMINISTRATION, PERSONNEL, RETIREMENT AND BENEFITS FEB 17 WEDNESDAY 5:00 PM PUBLIC DEFENDER, OPA, APOC, FINANCE DIV. FEB 24 WEDNESDAY 5:00 PM GENERAL SERVICES, INFORMATION SERVICES, PUBLIC BROADCASTING, LEASES ---------------------------------------- CORRECTIONS BELTZ ROOM 211 FEB 09 TUESDAY 11:00 AM COMMISSIONER'S OFFICE, ADMINISTRATION & SUPPORT, ADMINISTRATIVE SERVICES FEB 11 THURSDAY 11:00 AM NO MEETING SCHEDULED FEB 16 TUESDAY 11:00 AM STATEWIDE PROGRAMS (INMATE HEALTH CARE), STATEWIDE OPERATIONS, CORRECTIONAL INDUSTRIES ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 518 FEB 08 MONDAY 1:30 PM FUNDING SOURCES FEB 10 WEDNESDAY 1:30 PM ENVIRONMENTAL QUALITY FEB 15 MONDAY 2:00 PM ****NOTE TIME CHANGE**** REGIONAL SERVICES 1993-02-05 Senate Journal Page 0273 FINANCE SUBCOMMITTEES CONTINUED FEB 17 WEDNESDAY 1:30 PM SPILL PREVENTION AND RESPONSE FEB 22 MONDAY 1:30 PM OIL AND HAZARDOUS SPILL RESPONSE FUND FEB 24 WEDNESDAY 1:30 PM ENVIRONMENTAL HEALTH FACILITY CONSTRUCTION ---------------------------------------- MILITARY & VETERANS AFFAIRS COURT BUILDING 603 FEB 09 TUESDAY 3:30 PM JOINT WITH HOUSE MVA SUBCOMMITTEE REVIEW OF BUDGET COMPONENTS FEB 11 THURSDAY 3:30 PM JOINT WITH HOUSE MVA SUBCOMMITTEE REVIEW OF BUDGET COMPONENTS ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 518 FEB 09 TUESDAY 10:00 AM DIVISION OF PARKS & RECREATION FEB 11 THURSDAY 10:00 AM COMMISSIONER'S OFFICE, RECORDER'S OFFICE, ADMINISTRATIVE SERVICES DIVISION OF GEOLOGICAL SURVEYS FEB 16 TUESDAY 10:00 AM PIPELINE COORDINATOR INFORMATION RESOURCE MANAGEMENT FEB 18 THURSDAY 10:00 AM DIVISION OF MINING DIVISION OF AGRICULTURE FEB 23 TUESDAY 10:00 AM DIVISION OF FORESTRY 1993-02-05 Senate Journal Page 0274 FINANCE SUBCOMMITTEES CONTINUED FEB 25 THURSDAY 10:00 AM DIVISION OF LAND MAR 02 TUESDAY 10:00 AM DIVISION OF WATER MAR 04 THURSDAY 10:00 AM OIL & GAS CONSERVATION COMMISSION DIVISION OF OIL AND GAS MAR 09 TUESDAY 10:00 AM HOLDOVERS & CLOSEOUTS MAR 11 THURSDAY 10:00 AM HOLDOVERS AND BUDGET CLOSEOUTS MAR 16 TUESDAY 10:00 AM HOLDOVERS AND BUDGET CLOSEOUTS MAR 18 THURSDAY 10:00 AM HOLDOVERS AND BUDGET CLOSEOUTS ---------------------------------------- PUBLIC SAFETY SENATE FINANCE 518 FEB 09 TUESDAY 3:30 PM DEPARTMENT OF PUBLIC SAFETY CAPITAL BUDGET DISCUSSION OF OTHER ISSUES ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 518 FEB 09 TUESDAY 1:30 PM BUDGET COMPONENT BRIEFING CONTINUATION OF PLANS, PROGRAMS & BUDGETS, CENTRAL REGION ADMIN SERVICES, PLANNING, DESIGN AND CONSTRUCTION MAINTENANCE AND OPERATIONS 1993-02-05 Senate Journal Page 0275 SPECIAL COMMITTEES SPECIAL COMMITTEE ON OIL AND GAS BUTROVICH ROOM 205 FEB 09 TUESDAY 11:00 AM SB 81 REPEAL 65-DAY DEADLINE: OIL SPILL PLANS SB 75 REPORTING OIL TANKER MALFUNCTIONS JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW CAPITOL ROOM 17 FEB 08 MONDAY 1:00 PM ORGANIZATIONAL MEETING ---------------------------------------- LEGISLATIVE BUDGET AND AUDIT HOUSE FINANCE 519 FEB 05 FRIDAY 1:30 PM *******RESCHEDULED TO IMMEDIATELY AFTER SESSION AGENDA: SPECIAL AUDIT REQUESTS; APPROVAL OF SPECIAL AUDITS, RPL'S AND COMMITTEE PROCEDURES OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 FEB 05 FRIDAY 12:00 PM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS CAPITOL ROOM 9 FEB 05 FRIDAY 12:00 PM MINORITY CAUCUS ---------------------------------------- JOINT SESSION - U.S. SENATOR TED STEVENS HOUSE CHAMBER FEB 11 THURSDAY 11:00 AM SENATE AND HOUSE WILL MEET IN JOINT SESSION TO HEAR UNITED STATES SENATOR TED STEVENS