Legislature(1995 - 1996)
1996-01-26 Senate Journal
Full Journal pdf1996-01-26 Senate Journal Page 2221 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Friday Nineteenth Day Pursuant to adjournment the Senate was called to order by President pro tempore Taylor at 11:01 a.m. Senator Phillips, Acting Majority Leader, moved and asked unanimous consent that the roll call be waived and all members be shown as present. Without objection, it was so ordered. The prayer was offered by the Chaplain, Father Peter Gorges of the Cathedral of the Nativity of the Blessed Virgin Mary, Roman Catholic Church. Senator Sharp moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Almighty God, once again we come into Your presence to serve You and to serve Your people who elected us to be here. Lord, You have given each one of us different gifts, and each one of us has had different experiences that have brought us to this point. We have known success; we have had some disappointments. Together we bring these gifts and these experiences to the floor of this assembly. We are charged with creating a budget that is just and fair. We are expected to enhance the quality of life for our constituents. We are challenged to preserve the best of what has been and to reach beyond the present to what will be best for the future. Help us today, Lord, working together, to make a meaningful contribution to the State of Alaska and to the lives of its citizens. Amen. Senator Torgerson led the Senate in the pledge of allegiance. 2221 1996-01-26 Senate Journal Page 2222 STANDING COMMITTEE REPORTS SJR 14 The Judiciary Committee considered SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 14 Proposing amendments to the Constitution of the State of Alaska relating to confirmation of appointments of public members who serve on a board or commission involved with managing the assets of the Alaska permanent fund, and recommended it be replaced with CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 14(JUD) Proposing amendments to the Constitution of the State of Alaska relating to confirmation of appointments and removal of public members who serve on a board or commission involved with managing the assets of the Alaska permanent fund. Signing do pass: Senator Taylor, Chair, Senators Green, Miller. Signing do not pass: Senator Adams. Fiscal note for the committee substitute published today from Office of the Governor. The bill was referred to the Finance Committee. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 239 SENATE BILL NO. 239 BY SENATOR RIEGER, entitled: An Act relating to telephone advertisements, solicitations, and directory listings. was read the first time and referred to the Labor and Commerce and Finance Committees. SB 240 SENATE BILL NO. 240 BY THE SENATE RESOURCES COMMITTEE, entitled: 1996-01-26 Senate Journal Page 2223 SB 240 An Act relating to the statewide bonding pool for the reclamation activities imposed on mining operations, and extending the pool's use to surface coal mining projects. was read the first time and referred to the Resources Committee. SB 241 SENATE BILL NO. 241 BY SENATOR TORGERSON, entitled: An Act relating to the use of studded tires on the Sterling Highway. was read the first time and referred to the Transportation Committee. SB 242 SENATE BILL NO. 242 BY SENATOR PEARCE, entitled: An Act relating to sentencing for felony offenses. was read the first time and referred to the Judiciary and Finance Committees. SB 243 SENATE BILL NO. 243 BY THE SENATE RESOURCES COMMITTEE, entitled: An Act establishing a requirement of an annual offer of land for oil and gas leases if the land was the subject of a best interest finding and if revision of that best interest finding for that land is not justified; deleting from the Alaska Land Act a limitation on the reoffer of land for oil and gas leases when the land was previously offered; and amending laws relating to oil and gas leasing to authorize a program of areawide leasing for land not subject to exploration licensing and to modify provisions relating to disposals based on best interest findings. was read the first time and referred to the Resources and Finance Committees. 1996-01-26 Senate Journal Page 2224 SB 244 SENATE BILL NO. 244 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to state foundation aid and supplementary state aid for education; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. Fiscal note published today from Department of Education. Governor's transmittal letter dated January 26: Dear President Pearce: Under the authority of article III, sec. 18 of the Alaska Constitution, I am transmitting a bill relating to state aid for education. This bill ensures the continued receipt of approximately $35 million in federal dollars for public schools and fixes the long-standing problem of funding for single site school districts. I promised Alaskans I would build a school funding program that is better than what we have today. I envision a foundation program that is fair, equitable, and accountable. At the same time it must have funding levels that are affordable, both now and in the future, and it must protect the partnership between state, federal and local dollars. While we continue to make progress toward this goal, this bill takes a substantial first step in addressing the immediate funding issues. This fiscal year, the state has allocated approximately $640 million through the foundation program. Almost all of this is from the state general fund, with $5 million from the Public School Trust Fund, and $35 million from the federal impact aid program (the so-called P.L. 81-874 funds). In order to consider the impact aid when calculating the states portion of school funding, the federal government requires the state to pass a disparity test which measures the variation in revenues between our richest and poorest school districts. The federal 1996-01-26 Senate Journal Page 2225 SB 244 government recently lowered the maximum allowable disparity in revenues between the districts from 25 percent to 20 percent. The program will also be based on two-year prior data. Thus, in order to consider impact aid dollars in the states FY 1998 school funding, we must have no more than a 20 percent disparity in FY 1996. Under our current formula, the state cannot meet this new disparity test. This bill will fix the disparity test problem beginning with fiscal year 1997 by providing supplemental state aid of $500 per instructional unit value for regional educational attendance areas (REAAs), the districts that receive the least revenue because of their inability to levy taxes for a local contribution to their schools. This essentially raises the floor of our school district funding levels -- bringing it closer to the ceiling of the wealthier districts. This supplemental funding will not mean a substantial cost to the state because we will also consider more of the federal funding to REAAs as an offset to state funding. Currently, only 90 percent of federal aid to REAAs is considered in determining the amount of state aid. This bill increases that to 95 percent -- for REAAs only. This will not affect the school districts that make larger local contributions. Unfortunately, this bill cannot help us achieve 20 percent disparity for FY 1996. To accomplish that, I will be requesting reallocating $1.2 million in expected lapse money in this years foundation formula program. That will provide additional funding to the REAAs, mirroring what section 2 of this bill will accomplish through supplemental state aid in FY 1997. This bill, together with my reappropriation request, will ensure that Alaska meets the federal 20 percent disparity test this year and in future years, protecting the states ability to consider federal impact aid when allocating state aid. This bill also provides full funding for districts that have come to be known as single site school districts. These districts have lobbied for years for a change in the foundation formula that would adequately fund their schools. While permanent funding changes have not been affected in statute, the legislature has annually included special grants in the budget for single site districts. It is time to fix this problem once and for all. 1996-01-26 Senate Journal Page 2226 SB 244 To that end, this bill increases the instructional units of a qualifying district by multiplying its units by a percentage between six and 12. The smaller the district, the higher the percentage multiplier. More instruction units translates into more state aid. This simple revision corrects a longstanding problem, and obviates the need for the annual battle for single site appropriations. It is time to let the single site districts go home and redirect their efforts to where they are needed most, to children in the classroom. This bill is the result of many hours of work by the public, including those citizens who served on the Task Force on School Funding, and the State Board of Education. As my administration continues to explore better ways to fund our schools, this legislation represents a favorable step toward addressing two immediate concerns. I urge your prompt and favorable action on this bill. Sincerely, /s/ Tony Knowles Governor SB 245 SENATE BILL NO. 245 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to best interest findings for oil and gas lease sales for the area onshore and north of the Umiat baseline. was read the first time and referred to the Resources and Finance Committees. Zero fiscal note published today from Department of Natural Resources. Governor's transmittal letter dated January 26: Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that streamlines the process for annual oil 1996-01-26 Senate Journal Page 2227 SB 245 and gas lease sales on the North Slope. This bill changes the method of making best interest findings for leasing onshore areas of the North Slope. These changes are part of the Administrations continuing effort to make the states oil and gas leasing program competitive in the international market, while ensuring that development occurs in an environmentally responsible manner. Area-wide oil and gas lease sales are permitted under current law with no statutory acreage limitation for the sales. This gives the commissioner of the Department of Natural Resources broad discretion in determining what acreage to place in the states five- year oil and gas leasing program. But best interest findings are now done for each individual lease sale. Under this proposal, the department will not have to issue a new best interest finding before each North Slope sale; a single best interest finding would be made for all area tracts offered over the 5-year sale period. This increases the certainty that oil and gas leases will be offered each year. This new process will not prevent the Department of Natural Resources from amending a best interest finding. The department will analyze any new information and revise a finding as necessary. Another aspect of this bill would allow the state to put land in the annual lease sale as the state receives title from the federal government by requiring only that the acreage has been subject to a best interest finding in the previous five years, instead of having actually been offered for sale. This proposal for area-wide leasing ensures sound environmental development of the North Slope under a streamlined process -- providing industry the certainty of annual lease sales and regulatory efficiency, and providing the state the benefits of jobs and enhanced development opportunities. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor 1996-01-26 Senate Journal Page 2228 SB 246 SENATE BILL NO. 246 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to domestic violence; amending Alaska Rule of Civil Procedure 3, Alaska Rule of Civil Procedure 100, Alaska Rule of Evidence 505, and Alaska Rule of Administration 9; and providing for an effective date. was read the first time and referred to the Judiciary and Finance Committees. Fiscal notes published today from Department of Corrections, Department of Administration (2), Department of Public Safety (2). Zero fiscal notes published today from Department of Education, Department of Law, Department of Health and Social Services. Governor's transmittal letter dated January 26: Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill entitled the "Domestic Violence Prevention Act of 1996." It is a comprehensive revision of Alaska's domestic violence statutes and adopts many of the provisions of the Model Code on Domestic and Family Violence, developed by the National Council of Juvenile and Family Court Judges. Domestic violence is a pervasive and frequently lethal problem that challenges society at every level. Violence in families is often hidden from view and devastates its victims physically, emotionally, and financially. It threatens the stability of the family and negatively affects all family members, especially the children who learn from it that violence is an acceptable way to cope with stress or problems or to gain control over another person. It violates our communities' safety, health, welfare, and economies, not just by imposing costs on the criminal justice system, but also through medical expenses, psychological problems, lost productivity, and intergenerational violence. 1996-01-26 Senate Journal Page 2229 SB 246 Domestic violence must be reduced and prevented. When domestic violence occurs, we must intervene effectively. To do so we must have a strong public policy against domestic violence and the policy must be implemented with appropriate legislation. The Domestic Violence Prevention Act of 1996 provides effective ways to protect victims of domestic violence in a fair, prompt, and comprehensive fashion, to prevent future violence in every family in which domestic violence has been discovered, and to reduce the increase in violence from one generation to the next. The Domestic Violence Prevention Act of 1996 will protect children and adults from domestic violence in many ways. The bill sets out procedures for comprehensive civil protection orders consistent with due process. It treats domestic violence as a crime that requires early, effective, and thorough intervention. The Domestic Violence Prevention Act of 1996 assures that the child's safety and well-being is of paramount concern when domestic violence exists. Finally, it will provide the training necessary for police, prosecutors, health workers, and teachers to respond effectively to domestic violence. Domestic violence is a wrong that needs to be righted. The key is community commitment to recognize, address, and prevent domestic violence. The Domestic Violence Act of 1996 is the cornerstone in Alaska's efforts to abate the ravages of violence in families. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor ANNOUNCEMENTS Announcements are at the end of the journal. 1996-01-26 Senate Journal Page 2230 ADJOURNMENT Senator Phillips, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 30, 1996. Without objection, the Senate adjourned at 11:08 a.m. Nancy Quinto Secretary of the Senate January 1996 1996-01-26 Senate Journal Page 2231 ANNOUNCEMENTS NOTICE - AMERICANS WITH DISABILITIES ACT Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. + indicates teleconference STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 JAN 26 FRIDAY 1:30 PM NO MEETING SCHEDULED JAN 29 MONDAY 1:30 PM NO MEETING SCHEDULED JAN 31 WEDNESDAY 1:30 PM EO 93 TRANSFERRING RESPONSIBILITY FOR ..AK REGIONAL ECONOMIC ASSISTANCE PROGRAM + SB 206WELFARE REFORM FEB 02 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 JAN 31 WEDNESDAY 9:00 AM FY 97 BUDGET OVERVIEWS: ..DEPT. OF EDUCATION ..DEPT. OF NATURAL RESOURCES 1996-01-26 Senate Journal Page 2232 FINANCE CONTINUED FEB 01 THURSDAY 9:00 AM HJR 1REPEAL OF REGULATIONS BY LEGISLATURE SJR 14CONFIRMATION OF BD MANAGING PERM FUND SB 89PERMANENT FUND BOARD MEMBERS & STAFF SB 162AGRICULTURAL LAND FEB 02 FRIDAY 1:30 PM JOINT MEETING WITH HOUSE FINANCE SUMMARY OF GOVERNOR'S BUDGET ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 JAN 26 FRIDAY 9:00 AM NO MEETING SCHEDULED JAN 29 MONDAY 9:00 AM NO MEETING SCHEDULED JAN 31 WEDNESDAY 9:00 AM NO MEETING SCHEDULED FEB 02 FRIDAY 9:00 AM + SB 188VIDEOTAPE INTERVIEW OF ABUSED MINOR ---------------------------------------- JUDICIARY BELTZ ROOM 211 JAN 26 FRIDAY 1:30 PM -- MEETING POSTPONED -- + HB 127120-DAY JAIL: ASSAULT ON OFFICERS JAN 29 MONDAY 1:30 PM NO MEETING SCHEDULED JAN 31 WEDNESDAY 1:30 PM SJR 30USE OF BUDGET RESERVE FUND HB 127120-DAY JAIL: ASSAULT ON OFFICERS FEB 02 FRIDAY 1:30 PM SJR 31VOTER APPROVAL:AK STATEHOOD ACT AMENDMENT + SB 238CRUELTY TO ANIMALS ---------------------------------------- 1996-01-26 Senate Journal Page 2233 LABOR & COMMERCE FAHRENKAMP RM 203 JAN 30 TUESDAY 1:30 PM SB 165PSYCHOLOGISTS & PSYCHOLOGICAL ASSOCIATES FEB 01 THURSDAY 1:30 PM SB 157SMALL LOANS & RETAIL INSTALLMENT SALES SB 186LIMITED LIABILITY PARTNERSHIPS ---------------------------------------- RESOURCES BUTROVICH ROOM 205 JAN 26 FRIDAY 3:30 PM NO MEETING SCHEDULED JAN 29 MONDAY 9:30 AM --NOTE: CHANGE OF MEETING LOCATION & TIME-- --2ND FLOOR CONFERENCE ROOM, ANCHORAGE LIO, --716 W. FOURTH AVENUE + BRIEFING ON ALASKA NATURAL GAS PROJECT: YUKON PACIFIC CORPORATION ALASKA GAS PRODUCERS (ARCO, BP, EXXON) ALASKA DEPARTMENT OF REVENUE JAN 31 WEDNESDAY 3:30 PM + SB 199ENVIRONMENTAL & HEALTH/SAFETY AUDITS BILLS PREVIOUSLY HEARD, IF NECESSARY FEB 02 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 JAN 30 TUESDAY 0:00 AM UPON ADJOURNMENT PROFESSIONAL SERVICES CONTRACT ..SARAH E. GAY HJR 30AMEND US CONSTIT. TO LIMIT FED. COURTS HJR 38MAGNUSON FISHERY CONSERVATION & MGMT ACT ---------------------------------------- 1996-01-26 Senate Journal Page 2234 STATE AFFAIRS BELTZ ROOM 211 JAN 30 TUESDAY 3:30 PM SB 141LEGISLATIVE ETHICS SB 219DISPOSAL OF FIREARMS BY PUBLIC AGENCIES FEB 01 THURSDAY 3:30 PM SB 217INCOME LIMITS FOR LONGEVITY BONUS SB 231TITLE INSURANCE SCR 2REIMBURSEMENT FOR TRAVEL TO CAPITAL CITY FEB 06 TUESDAY 3:30 PM SB 222AIDEA OPERATIONS/PROJECTS/LOANS BILLS PREVIOUSLY HEARD FEB 08 THURSDAY 3:30 PM -- LOCATION CHANGE -- JT MEETING WITH (H) STATE AFFAIRS COM. OVERVIEW: LONG RANGE FINANCIAL PLAN ..COMMISSION'S FINAL REPORT (OCT. 1995) ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 JAN 30 TUESDAY 1:30 PM NO MEETING SCHEDULED FEB 01 THURSDAY 1:30 PM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES FISH & GAME SENATE FINANCE 532 JAN 29 MONDAY 1:00 PM COMMISSIONER'S OVERVIEW COMMERCIAL FISHERIES MGMT & DEVELOPMENT SPORTS FISHERIES WILDLIFE CONSERVATION ADMINISTRATION AND SUPPORT BOARDS OF FISHERIES AND GAME SUBSISTENCE HABITAT COMMERCIAL FISHERIES ENTRY COMMISSION 1996-01-26 Senate Journal Page 2235 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 FEB 07 WEDNESDAY 4:30 PM JOINT WITH HOUSE/SENATE FINANCE SUBCOMMITTEES ON REVENUE ..PERMANENT FUND DIVIDEND CORPORATION OVERVIEW WITH BOARD OF TRUSTEES ..WORK-SESSION COMPARING INVESTMENT STRATEGIES OF THE STATE'S 3 RETIREMENT FUNDS AND THE PERMANENT FUND ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS FAHRENKAMP RM 203 JAN 29 MONDAY 1:00 PM + SB 141LEGISLATIVE ETHICS + HB 289LEGISLATIVE ETHICS + EXEMPTION OF CERTAIN EMPLOYEES FROM THE ETHICS CODE TELECONFERENCE SITES: JNU,ANC ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH ROOM 205 FEB 07 WEDNESDAY 12:15 PM + WORK SESSION OTHER MEETINGS CHILDREN'S CAUCUS BUTROVICH ROOM 205 JAN 30 TUESDAY 12:00 PM PRESENTATION:EFFICACY OF TOBACCO TAXES IN ABATING TOBACCO USE AMONG CHILDREN BY CITIZEN'S TO PROTECT KIDS FROM TOBACCO