Legislature(1997 - 1998)
1997-01-13 Senate Journal
Full Journal pdf1997-01-13 Senate Journal Page 0001 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska First Day Pursuant to the provisions of the Constitution of the State of Alaska, the Uniform Rules of the Alaska State Legislature, and AS 24.05.160, the Senate of the State of Alaska assembled in the Senate Chamber for the first regular session of the Twentieth Legislature. The Senate was called to order at 10:31 a.m. by the Honorable Fran Ulmer, Lieutenant Governor. Eagle Scouts Chad and Craig McMullen of Douglas, Alaska presented the colors. Jason Ginter, Kaleb Rehfield, Eric Gullufsen and Jacob Ewing, of Juneau Cub Scouts, Pack 15 led the Senate in the Pledge of Allegiance. The Arise choral group from the Church of the Nazarene sang the National Anthem. The prayer was offered by the Chaplain, The Most Reverend Michael Warfel, Bishop of the Roman Catholic Church, Diocese of Juneau. Senator Taylor moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Eternal and most holy God, Your years are from everlasting to everlasting. You transcend space and time and yet involve Yourself in every present moment. 1 1997-01-13 Senate Journal Page 0002 At the beginning of this legislative session, empower these legislators to see and to view life as gift, a gift given in trust from You. Take their eyes and enable them to see goodness. Take their hearts and allow them to feel some individual's pain. Take their hands and use them in creative ways in lifting someone's burden. Take their minds and engage all of it for your glory. Give them the desire to make the collective needs of all Alaskans their first priority. May they be wise, visionary and just as they serve the people of Alaska. Amen. ELECTION CERTIFICATION The Lieutenant Governor read the certificate of election: I, SANDRA J. STOUT, DIRECTOR OF ELECTIONS FOR THE STATE OF ALASKA DO HEREBY CERTIFY THAT the following candidates were elected to the State Senate at the General Election held on the 5th day of November, 1996, in the State of Alaska, as shown by the official certification of the State Review Board as provided by AS 15.15.450. DISTRICT A Robin L. Taylor DISTRICT C Jerry Mackie DISTRICT E Jerry Ward DISTRICT G Loren D. Leman DISTRICT I Sean R. Parnell DISTRICT K Tim Kelly DISTRICT M Rick Halford DISTRICT O Gary R. Wilken DISTRICT Q Mike Miller DISTRICT S Al Adams IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed hereto the Seal of the State of Alaska, at Juneau, the Capital, this 27th day of November, A.D. 1996. Dana Latour, Acting Director Division of Elections 1997-01-13 Senate Journal Page 0003 Lieutenant Governor Ulmer requested the following Senators approach the rostrum to be administered the Oath of Office: DISTRICT A Robin L. Taylor DISTRICT C Jerry Mackie DISTRICT E Jerry Ward DISTRICT G Loren D. Leman DISTRICT I Sean R. Parnell The Lieutenant Governor administered the Oath of Office to the Senators. Lieutenant Governor Ulmer requested the following Senators approach the rostrum to be administered the Oath of Office: DISTRICT K Tim Kelly DISTRICT M Rick Halford DISTRICT O Gary R. Wilken DISTRICT Q Mike Miller DISTRICT S Al Adams The Lieutenant Governor administered the Oath of Office to the Senators. The Arise choral group from the Church of the Nazarene sang the Alaska Flag Song. The presence of Senators Donley, Duncan, Ellis, Green, Hoffman, Lincoln, Pearce, Phillips, Sharp, Torgerson was noted. PRESIDENT PRO TEMPORE Lieutenant Governor Ulmer announced that nominations were in order for President pro tempore of the Senate. Senator Leman moved and asked unanimous consent that Senator Taylor be nominated. There being no further nominations, Senator Taylor was elected President pro tempore. 1997-01-13 Senate Journal Page 0004 Lieutenant Governor Ulmer requested Senator Green and Senator Ellis escort the President pro tempore to the rostrum. Senator Green and Senator Ellis escorted the Lieutenant Governor from the chamber. President pro tempore Taylor announced that under provisions of law, AS 24.05.120, the Uniform Rules of the Twelfth Legislature, First Session, as amended in 1985, 1988, 1989 and 1991, will serve as the temporary rules of the current legislature until permanent rules are adopted. PRESIDENT President pro tempore Taylor announced that nominations for permanent President of the Senate were open. Senator Torgerson moved that Senator Miller be nominated President of the Senate for the Twentieth Legislature. Senator Torgerson moved that nominations be closed. Without objection, it was so ordered. Senator Torgerson moved that Senator Miller be elected President of the Senate for the Twentieth Legislature. Senator Duncan objected. The question being: Shall Senator Miller be elected President of the Senate for the Twentieth Legislature? The roll was taken with the following result: Shall Senator Miller be elected President of the Senate? YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln and so, Senator Miller was elected President of the Senate for the Twentieth Legislature. 1997-01-13 Senate Journal Page 0005 President pro tempore Taylor requested Senator Parnell and Senator Adams escort President Miller to the podium. Senator Parnell and Senator Adams escorted Senator Taylor to his seat. Representative Masek and Representative Joule called on the Senate to advise that the House was organized and ready to do business. President Miller appointed: COMMITTEE ON COMMITTEES Senator Miller, Chair Senator Pearce Senator Taylor Senator Leman Senator Duncan President Miller appointed Senator Sharp and Senator Lincoln to advise the Governor that the Senate was organized and ready to do business. President Miller appointed Senator Phillips and Senator Hoffman to advise the House that the Senate was organized and ready to do business. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair for a Committee on Committees meeting. Without objection, the Senate recessed at 10:59 a.m. AFTER RECESS The Senate reconvened at 11:12 a.m. 1997-01-13 Senate Journal Page 0006 COMMITTEE ON COMMITTEES REPORT January 13, 1997 Mr. President: Your Committee on Committees has met and submits to the Senate for its consideration chairs and members to the nine standing committees as approved by the Committee on Committees: COMMUNITY & REGIONAL AFFAIRS COMMITTEE Senator Mackie, Chair Senator Wilken, Vice Chair Senator Donley Senator Phillips Senator Hoffman FINANCE COMMITTEE Senator Pearce, Co-Chair Senator Sharp, Co-Chair Senator Donley Senator Parnell Senator Phillips Senator Torgerson Senator Adams HEALTH, EDUCATION & SOCIAL SERVICES Senator Wilken, Chair Senator Leman, Vice Chair Senator Green Senator Ward Senator Ellis JUDICIARY COMMITTEE Senator Taylor, Chair Senator Pearce, Vice Chair Senator Miller Senator Parnell Senator Ellis 1997-01-13 Senate Journal Page 0007 LABOR & COMMERCE COMMITTEE Senator Leman, Chair Senator Mackie, Vice Chair Senator Kelly Senator Miller Senator Hoffman RESOURCES COMMITTEE Senator Halford, Chair Senator Green, Vice Chair Senator Leman Senator Sharp Senator Taylor Senator Torgerson Senator Lincoln RULES COMMITTEE Senator Kelly, Chair Senator Leman, Vice Chair Senator Taylor Senator Torgerson Senator Duncan STATE AFFAIRS COMMITTEE Senator Green, Chair Senator Ward, Vice Chair Senator Mackie Senator Miller Senator Duncan TRANSPORTATION COMMITTEE Senator Ward, Chair Senator Wilken, Vice Chair Senator Green Senator Halford Senator Lincoln The report was signed by Senator Miller, Chair, Senators Pearce, Taylor, Leman, Duncan. 1997-01-13 Senate Journal Page 0008 Senator Taylor moved that the Committee on Committees report be adopted. Without objection, the Committee on Committees report was adopted. President Miller stated that Senator Taylor would serve as Majority Leader. Senator Duncan stated that he would serve as Minority Leader. MESSAGES FROM THE GOVERNOR Message dated January 8 was read stating: Under the provisions of art III, section 18 of the Alaska Constitution, I am requesting the opportunity to address a Joint Session of the Twentieth Alaska State Legislature on Tuesday, January 14, 1997, at 8:00 p.m. for presentation of the State of the State Address, and Thursday, January 16, 1997, at 8:00 p.m. for presentation of the State of the Budget Address. Thank you for your cooperation in this effort. I look forward to a successful session. MESSAGES FROM THE HOUSE Message dated January 9 was read stating: The House of Representatives respectfully invites the Senate to two joint sessions of the legislature at 8:00 p.m. on Tuesday, January 14, 1997 and at 8:00 p.m. on Thursday, January 16, 1997. The purpose of the joint sessions is to hear the Governor's presentation of the State of the State and State of the Budget. Senator Taylor moved and asked unanimous consent that the Senate accept the House invitation. Without objection, it was so ordered. The Secretary was requested to notify the House. 1997-01-13 Senate Journal Page 0009 COMMUNICATIONS Letter dated November 4, 1996 from Chief Justice Allen T. Compton was read, stating: Pursuant to AS 24.60.130, I select Shirley McCoy to serve another term as a public member of the Select Committee on Legislative Ethics commencing January 1, 1997. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 1 SENATE CONCURRENT RESOLUTION NO. 1 BY SENATOR DUNCAN, Proposing amendments to the Uniform Rules of the Alaska State Legislature relating to certain committee meetings held outside of the state capital and to recess of the legislature during the period the meetings are held; and providing for an effective date. was read the first time and referred to Judiciary and Finance Committees. SJR 1 SENATE JOINT RESOLUTION NO. 1 BY SENATORS DUNCAN, Lincoln, Proposing an amendment to the Constitution of the State of Alaska relating to the education endowment account in the permanent fund. was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. (Prefile released January 3, 1997) 1997-01-13 Senate Journal Page 0010 SJR 2 SENATE JOINT RESOLUTION NO. 2 BY SENATORS ADAMS AND HOFFMAN, Lincoln, Proposing amendments to the Constitution of the State of Alaska relating to subsistence uses of fish and wildlife by residents, and establishing an effective date for the amendment. was read the first time and referred to the Resources, Judiciary and Finance Committees. (Prefile released January 3, 1997) SJR 3 SENATE JOINT RESOLUTION NO. 3 BY SENATORS DONLEY, Halford, Pearce, Proposing an amendment to the Constitution of the State of Alaska limiting the rights of prisoners to those required under the Constitution of the United States. was read the first time and referred to the Judiciary and Finance Committees. (Prefile released January 3, 1997) SJR 4 SENATE JOINT RESOLUTION NO. 4 BY SENATOR DONLEY, Relating to an amendment to the Constitution of the United States setting out the authority of the United States Congress and of state legislatures to enact laws relating to limits on election campaign expenditures. was read the first time and referred to the State Affairs, Judiciary, and Finance Committees. (Prefile released January 3, 1997) SJR 5 SENATE JOINT RESOLUTION NO. 5 BY SENATORS DUNCAN, Ellis, 1997-01-13 Senate Journal Page 0011 SJR 5 Relating to continuing the ban on television and radio advertising of distilled liquor. was read the first time and referred to the State Affairs and Health, Education and Social Services Committees. SJR 6 SENATE JOINT RESOLUTION NO. 6 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, Proposing an amendment to the Constitution of the State of Alaska relating to subsistence uses of replenishable resources by residents. was read the first time and referred to the Resources, Judiciary, and Finance Committees. Fiscal note published today from the Office of the Governor. Governor's transmittal letter dated January 13: Dear Senator Miller: I am asking the Legislature to allow the people of Alaska to vote on a constitutional amendment providing for a subsistence preference for use of replenishable resources. I believe this is the first and most fundamental step in reaching a workable, equitable, and lasting Alaskan solution to this issue that has for too long divided Alaskans. A successful solution must achieve two key goals: 1) recognition of the essential role of subsistence in the culture and economy of rural Alaska, and 2) state management of fish and game. I have strongly advocated legislative action to resolve this issue at the state level and return full management of Alaskas fish and game to the state. The current impasse will only become more damaging to Alaska if it is allowed to persist. Fish and game management in Alaska is fracturing into two systems, with different mandates, different land bases, and different management systems for shared resources that freely cross jurisdictiona llines. This splintered and duplicative system creates 1997-01-13 Senate Journal Page 0012 SJR 6 confusing and conflicting regulations, poses a greater risk of overharvest, may result in unnecessary loss of opportunities for commercial, sport, and even subsistence users, and may disenfranchise subsistence users who live near state or private lands. This can only lead to a morass of endless jurisdictional disputes, legal battles, and strife, and vastly increased management costs. Most importantly, it puts the health of the fish and game resources on which people depend unnecessarily at risk. A constitutional amendment is the only practical way to ensure that management of fish and game is returned to the state. The federal government continues to move towards increased control over the states fish and game resources, as has been ordered by the courts. The current congressional moratorium is limited and temporary. Federal decisions are being made every day that will affect Alaskans and their fish and wildlife resources. Federal agencies are even now writing environmental impact studies in preparation for the takeover of subsistence fisheries management. Every day the Alaska Legislature doesn't take action to resolve this impasse, new building blocks are being added to strengthen federal control over fish and game management in Alaska. I call on you and your fellow legislators to make the resolution of subsistence a priority during this legislative session, and I stand ready to do whatever I can to assist. The constitutional amendment assures a priority for subsistence use of Alaska's fish and game over other uses, consistent with sustained yield. When implementing the priority, the state may consider a variety of factors in granting preferences to and among subsistence uses, including community or area characteristics, place of residence, customary and traditional use, direct dependence, and the availability of alternative resources. This amendment would allow the state to regain management over fish and game resources in the state. Subsistence uses will have a priority, but state management must meet commercial and sport use needs as well. This differs significantly from the federal system in that federal managers need only consider subsistence uses. 1997-01-13 Senate Journal Page 0013 SJR 6 The State of Alaska should recognize and be responsive to the views of rural subsistence users in its management system so that all Alaskans will prefer state management to federal management. Local residents must have a stronger voice in management decisions. Both state and federal statutory changes will be needed to: 1) define key terms such as customary and traditional, customary trade, rural, and reasonable opportunity; 2) reinvigorate local and state management structures to increase local participation and the use of local knowledge, and 3) allow non-rural residents to participate in educational fisheries and hunts. I urge your leadership in providing a legislative forum for open debate on this issue so we can bring Alaskans together to solve it, rather than sit by while the divisiveness grows and sound resource management is put at risk. Please give Alaskans the opportunity to vote on this amendment. An Alaskan solution is much better than a federal mandate. Sincerely, /s/ Tony Knowles Governor INTRODUCTION AND REFERENCE OF SENATE BILLS SB 1 SENATE BILL NO. 1 BY SENATORS DONLEY, Halford, Pearce, entitled: An Act relating to living and working conditions of prisoners in correctional facilities operated by the state, and authorizing the commissioner of corrections to negotiate with providers of detention and confinement services under contract to apply those conditions and limitations on services to persons held under authority of state law at facilities operated under contract or agreement; relating to services provided to prisoners; amending the definition of `severely medically disabled' applicable to prisoners seeking special medical parole; amending provisions of the correctional industries program; and extending the termination date of the Correctional Industries Commission and the program. 1997-01-13 Senate Journal Page 0014 SB 1 was read the first time and referred to the Judiciary and Finance Committees. (Prefile released January 3, 1997) SB 2 SENATE BILL NO. 2 BY SENATOR TAYLOR, entitled: An Act amending the Alaska Net Income Tax Act to provide that the net proceeds of a qualified nonprofit organization's unrelated business taxable income obtained from permitted gaming activities are not subject to tax; and providing for an effective date. was read the first time and referred to the Labor and Commerce, Judiciary, and Finance Committees. (Prefile released January 3, 1997) SB 3 SENATE BILL NO. 3 BY SENATORS PEARCE, Donley, entitled: An Act authorizing prosecution and trial in the district court of municipal curfew violations. was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. (Prefile released January 3, 1997) SB 4 SENATE BILL NO. 4 BY SENATORS TORGERSON, Kelly, entitled: An Act relating, for purposes of eligibility for a permanent fund dividend, to an absence from the state while on an unpaid sabbatical under the longevity bonus program; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. (Prefile released January 3, 1997) 1997-01-13 Senate Journal Page 0015 SB 5 SENATE BILL NO. 5 BY SENATOR SHARP, entitled: An Act relating to municipal taxes and fees levied on certain commercial vessels operating in waterborne commerce for the privilege of entering into the port or levied on passengers who may disembark from a commercial vessel at a port in the state; and levying and providing for the collection and administration of fees on passengers for the privilege of disembarking certain commercial vessels that carry passengers in waterborne commerce at ports in the state; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs and Finance Committees. (Prefile released January 3, 1997) SB 6 SENATE BILL NO. 6 BY SENATOR ELLIS, entitled: An Act establishing a division of consumer protection in the Department of Law; and providing for an effective date. was read the first time and referred to the Labor and Commerce, State Affairs and Finance Committees. (Prefile released January 3, 1997) SB 7 SENATE BILL NO. 7 BY SENATORS DONLEY, Sharp, entitled: An Act reducing certain resident sport fishing, hunting, and trapping license fees, increasing certain nonresident sport fishing license and tag fees, and relating to nonresident sport fishing, hunting, and trapping licenses; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. (Prefile released January 3, 1997) 1997-01-13 Senate Journal Page 0016 SB 8 SENATE BILL NO. 8 BY SENATORS HALFORD, Pearce, entitled: An Act relating to the noise levels of airports and sport shooting facilities. was read the first time and referred to the Transportation and Resources Committees. (Prefile released January 3, 1997) SB 9 SENATE BILL NO. 9 BY SENATOR MACKIE, entitled: An Act relating to municipal capital project matching grants for a municipality organized under federal law as an Indian reserve; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs, State Affairs and Finance Committees. (Prefile released January 3, 1997) SB 10 SENATE BILL NO. 10 BY SENATOR MACKIE, entitled: An Act naming Mountain View Road in Gustavus. was read the first time and referred to the Community and Regional Affairs and Transportation Committees. (Prefile released January 3, 1997) SB 11 SENATE BILL NO. 11 BY SENATORS HALFORD, Phillips, Green, entitled: An Act relating to state aid for school construction debt; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. (Prefile released January 3, 1997) 1997-01-13 Senate Journal Page 0017 SB 12 SENATE BILL NO. 12 BY SENATORS HALFORD, Leman, Green, Miller, Taylor, entitled: An Act relating to partial-birth abortions. was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. (Prefile released January 3, 1997) SB 13 SENATE BILL NO. 13 BY SENATORS SHARP, Ellis, entitled: An Act relating to taxes on cigarettes and tobacco products, and to the use of the proceeds of those taxes; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. (Prefile released January 3, 1997) SB 14 SENATE BILL NO. 14 BY SENATORS DONLEY, Ellis, Pearce, entitled: An Act relating to insurance covering an insured who is a victim of domestic violence and requiring certain disclosures by an insurer. was read the first time and referred to the Labor and Commerce, Health, Education and Social Services and Judiciary Committees. (Prefile released January 3, 1997) SB 15 SENATE BILL NO. 15 BY SENATOR TAYLOR, entitled: An Act relating to punitive damages in a civil action for discrimination related to employment; relating to arbitration in a civil action; amending Rules 79(b) and 82(b), Alaska Rules of Civil Procedure, and repealing Rule 72.1, Alaska Rules of Civil Procedure; and providing for an effective date. 1997-01-13 Senate Journal Page 0018 SB 15 was read the first time and referred to the Judiciary and Finance Committees. (Prefile released January 3, 1997) SB 16 SENATE BILL NO. 16 BY SENATOR TAYLOR, entitled: An Act restricting the use of certain funds deposited in the fish and game fund; and relating to the powers and duties of the commissioner of fish and game. was read the first time and referred to the Resources and Finance Committees. (Prefile released January 3, 1997) SB 17 SENATE BILL NO. 17 BY SENATORS TAYLOR, Pearce, entitled: An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV). was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. (Prefile released January 3, 1997) SB 18 SENATE BILL NO. 18 BY SENATOR DUNCAN, entitled: An Act providing for and relating to the issuance of general obligation bonds in the amount of $161,810,673 for the purpose of paying the cost of acquiring, constructing, reconstructing, and equipping public schools and of major repair and maintenance of public schools; 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. (Prefile released January 3, 1997) 1997-01-13 Senate Journal Page 0019 SB 19 SENATE BILL NO. 19 BY SENATORS SHARP, Taylor, entitled: An Act repealing the power and duty of the commissioner of fish and game to assist in the enforcement of federal laws relating to fish and game. was read the first time and referred to the Resources and Judiciary Committees. (Prefile released January 3, 1997) SB 20 SENATE BILL NO. 20 BY SENATOR DUNCAN, entitled: An Act relating to the definition of program receipts; and providing for an effective date. was read the first time and referred to the State Affairs, Resources and Finance Committees. (Prefile released January 3, 1997) SB 21 SENATE BILL NO. 21 BY SENATORS TAYLOR, Pearce, entitled: An Act relating to ferries and ferry terminals, establishing the Alaska Marine Highway Authority, and relating to maintenance of state marine vessels; and providing for an effective date. was read the first time and referred to the Transportation, State Affairs and Finance Committees. (Prefile released January 3, 1997) SB 22 SENATE BILL NO. 22 BY SENATORS SHARP, Taylor entitled: An Act relating to qualifications for appointment to the Board of Game. 1997-01-13 Senate Journal Page 0020 SB 22 was read the first time and referred to the State Affairs and Resources Committees. (Prefile released January 3, 1997) SB 23 SENATE BILL NO. 23 BY SENATOR SHARP, entitled: An Act levying and providing for the collection and administration of excise taxes on the rental or furnishing of transient lodging, and authorizing disposition of estimated receipts from that tax; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs, State Affairs and Finance Committees. (Prefile released January 3, 1997) SB 24 SENATE BILL NO. 24 BY SENATORS LEMAN, Halford, Green, Miller, Taylor, entitled: An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of 'abortion'; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules. was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. (Prefile released January 3, 1997) 1997-01-13 Senate Journal Page 0021 SB 25 SENATE BILL NO. 25 BY SENATORS ELLIS, Lincoln, entitled: An Act relating to authorizing the Department of Corrections to provide an automated victim notification and prisoner information system. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. (Prefile released January 3, 1997) SB 26 SENATE BILL NO. 26 BY SENATORS ELLIS, Lincoln, entitled: An Act making a special appropriation for an automated victim notification system; and providing for an effective date. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. (Prefile released January 3, 1997) SB 27 SENATE BILL NO. 27 BY SENATOR TAYLOR, entitled: An Act relating to the relocation to Ketchikan of certain offices, functions, and employees of the Alaska marine highway system. was read the first time and referred to the Transportation, State Affairs and Finance Committees. (Prefile released January 3, 1997) SB 28 SENATE BILL NO. 28 BY SENATOR TORGERSON, entitled: An Act relating to the unincorporated community capital project matching grant program; and providing for an effective date. 1997-01-13 Senate Journal Page 0022 SB 28 was read the first time and referred to the Community and Regional Affairs and Finance Committees. (Prefile released January 3, 1997) SB 29 SENATE BILL NO. 29 BY SENATOR TORGERSON, entitled: An Act relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs and Finance Committees. (Prefile released January 3, 1997) SB 30 SENATE BILL NO. 30 BY SENATORS TORGERSON, Sharp, entitled: An Act relating to municipalities; the incorporation of certain boroughs in the unorganized borough; the formation of separate unorganized boroughs; and to taxation in the unorganized boroughs. was read the first time and referred to the Community and Regional Affairs and Finance Committees. (Prefile released January 3, 1997) SB 31 SENATE BILL NO. 31 BY SENATOR TORGERSON, entitled: An Act relating to supplemental grant land entitlements for municipalities. was read the first time and referred to the Community and Regional Affairs, State Affairs and Finance Committees. (Prefile released January 3, 1997) SB 32 SENATE BILL NO. 32 was not introduced. 1997-01-13 Senate Journal Page 0023 SB 33 SENATE BILL NO. 33 BY SENATORS TORGERSON, Taylor, entitled: An Act relating to the use of broadcasting to promote or conduct certain classics or sweepstakes; and providing for an effective date. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. (Prefile released January 3, 1997) SB 34 SENATE BILL NO. 34 BY SENATOR TORGERSON, entitled: An Act giving notice of and approving a lease- purchase agreement with the City of Soldotna for a maintenance facility of the Department of Transportation and Public Facilities. was read the first time and referred to the Community and Regional Affairs and Finance Committees. (Prefile released January 3, 1997) SB 35 SENATE BILL NO. 35 BY SENATORS GREEN, Pearce, Taylor, entitled: An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park. was read the first time and referred to the State Affairs, Resources and Finance Committees. (Prefile released January 3, 1997) 1997-01-13 Senate Journal Page 0024 SB 36 SENATE BILL NO. 36 BY SENATORS PHILLIPS, Taylor, entitled: An Act relating to transportation of public school students; relating to school construction grants; relating to the public school foundation program and to local 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. (Prefile released January 10, 1997) SB 37 SENATE BILL NO. 37 BY SENATOR MACKIE, entitled: An Act providing for and relating to the issuance of general obligation bonds in the amount of $170,882,000 for the purpose of paying the cost of acquiring, constructing, reconstructing, and equipping public schools and of repair and major maintenance of public schools and University of Alaska facilities; 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. (Prefile released January 10, 1997) SB 38 SENATE BILL NO. 38 BY SENATOR TAYLOR, entitled: An Act relating to anatomical gifts, living wills, and do not resuscitate orders. was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. (Prefile released January 10, 1997) 1997-01-13 Senate Journal Page 0025 SB 39 SENATE BILL NO. 39 BY SENATOR LEMAN, entitled: An Act relating to hazardous chemicals, hazardous materials, and hazardous waste. was read the first time and referred to the Resources, Judiciary and Finance Committees. (Prefile released January 10, 1997) SB 40 SENATE BILL NO. 40 BY SENATORS HALFORD, Green, Donley, entitled: An Act relating to management of discrete salmon stocks, to salmon management assessments, and to the fishery business tax. was read the first time and referred to the Resources and Finance Committees. (Prefile released January 10, 1997) SB 41 SENATE BILL NO. 41 BY SENATORS LEMAN, Pearce, Taylor, entitled: An Act relating to environmental audits and health and safety audits to determine compliance with certain laws, permits, and regulations. was read the first time and referred to the Labor and Commerce, Judiciary and Finance Committees. (Prefile released January 10, 1997) SB 42 SENATE BILL NO. 42 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE, entitled: 1997-01-13 Senate Journal Page 0026 SB 42 An Act relating to the fiscal operations of the Alaska Railroad Corporation and to land acquired by the State of Alaska under the Alaska Railroad Transfer Act of 1982 or otherwise acquired for railroad purposes; and providing for an effective date. was read the first time and referred to the Transportation, State Affairs and Finance Committees. SB 43 SENATE BILL NO. 43 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to civil actions; providing for related insurance reports; amending Alaska Rules of Civil Procedure 16.1, 26, 41, 49, 68, 72.1, 95, and 100; amending District Court Rules of Civil Procedure 1 and 4; amending Alaska Rule of Appellate Procedure 511; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. Fiscal note published today from Department of Commerce and Economic Development. Zero fiscal notes published today from Department of Revenue, Department of Transportation and Public Facilities, Department of Law, Department of Corrections, Department of Administration. Governor's transmittal letter dated January 13: Dear President Miller: In the interest of improving Alaskas business climate while ensuring justice for all Alaskans, I am asking the Legislature to consider this bill to reform the way we resolve civil disputes. It is part of my initiative to encourage growth in our small business community and stems from the recommendations of the Governors Advisory Task Force on Civil Justice Reform which conducted the most comprehensive review of Alaskas tort system ever. The result is a fair and effective bill which, 1997-01-13 Senate Journal Page 0027 SB 43 among other actions, places a cap on punitive damages and reduces frivolous lawsuits and litigation costs while providing justice for innocent victims. During the 1995 and 1996 legislative sessions, tort reform issues received a great deal of attention and SCS CSHB 158(RLS) am S (ctrls fldS) passed by a narrow margin in the final days of the session. I vetoed that bill because I believed it was the product of a flawed public process, dictated poor public policy, and contained serious legal defects and constitutional problems. However, I support fair and legally sound tort reform. In order to find an appropriate resolution to this divisive set of issues, I appointed a diverse group of outstanding Alaskans to study the issues and make recommendations for consideration during this legislative session. The 20 members of the task force represented the interests of large and small businesses, doctors and architects, plaintiff and defense lawyers, Alaska Natives, the Alaska State Legislature, and state departments responsible for law, insurance, and responding to litigation against the state. The members were chair Judge Thomas B. Stewart; vice-chair Marlene A. Johnson; committee chairs Michael J. Burns, Roger F. Holmes, and Julian L. Mason; and members Bill J. Allen, Judith M. Brady, David H. Bundy, Charlie Cole, Jeffrey M. Feldman, Julie Kitka, Don Slone, Stephan H. Williams, Mark R. Williams, and Rodman Wilson. Ex officio members were Attorney General Bruce M. Botelho, Deputy Commissioner of the Department of Commerce and Economic Development Jeffrey W. Bush, Senator Johnny Ellis, Representative Brian Porter, and the Department of Administration, division of risk management director Brad Thompson. The task force members worked hard to gather information, review legislative proposals from Alaska and other states, and conduct public hearings. After considerable discussion, the task force members reached consensus on a number of areas where change is needed in the civil justice system. They sought to avoid constitutional problems and litigation over the bill itself. Most of the recommendations were made unanimously and all were supported by at least two-thirds of the membership. The task force report explaining the reasoning behind each recommendation has been distributed to all members of the legislature. These recommendations represent a sound compromise among many competing points of view. 1997-01-13 Senate Journal Page 0028 SB 43 The attached bill changes the Alaska statutes and Rules of Court in a number of ways. The changes include the following items: a cap on punitive damages of three times compensatory damages or $500,000, whichever is greater, with an alternative cap for cases in which conduct was motivated by financial gain or a defendant has systematically injured a number of employees in an employment context; further limitation on noneconomic damages to clarify that the existing statutory cap may be exceeded only for severe injuries or severe disfigurement; allowing increased fines against attorneys who bring frivolous lawsuits; restrictions on the rights of felons and other persons who commit certain illegal acts to recover for injuries suffered in the course of the criminal activity or arrest; clarification that people who intentionally hurt others will be held liable for their fair share of the harm; an alternative dispute resolution project to facilitate resolution of cases without the expense of trial; streamlined district court procedures to increase access to the court by hearing smaller cases faster and less expensively; changes in superior court procedures to encourage active judicial management of cases and thus decrease overall litigation expense; a floating rate of interest on judgments and decrees that more accurately reflects current conditions to promote prompt settlement of cases and payment of damages; changes in court procedures for offers of judgment to encourage early settlement offers by both plaintiffs and defendants; 1997-01-13 Senate Journal Page 0029 SB 43 shorter statutes of limitation in contract cases to decrease risk and increase predictability in the modern business environment; improvements in the expert advisory panel for medical malpractice cases, so medical professionals can provide more useful advice to the courts in a more timely manner; collection of information on cases that are settled to obtain a full picture of the impact of civil liability laws; collection of information on insurance premiums, claims paid, and investments to allow a more accurate assessment of insurance rates and the effects of civil justice reforms on those rates. The bill is designed to encourage business growth, particularly for small Alaska-grown companies which provide the bulk of our states private sector jobs, while increasing access to justice for all Alaskans. Sincerely, /s/ Tony Knowles Governor SB 44 SENATE BILL NO. 44 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the disposition and use of the proceeds of excise taxes on cigarettes and tobacco products; increasing the rates on certain of those excise taxes; 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 Revenue. Governor's transmittal letter dated January 13: 1997-01-13 Senate Journal Page 0030 SB 44 Dear President Miller: Tobacco is a killer. Thats why I am transmitting a bill today to increase the excise tax on cigarettes and other tobacco products. A recent state study of youth behavior says Alaskas young people use tobacco products at a much higher rate than the national average. The implications for the future are sobering. As adults, Alaskans who started using tobacco at a young age will be at risk for smoking-related diseases and premature death. Health care costs for all of us will continue to rise as a result. Its clear we need to act quickly to reduce the number of Alaska youngsters making the tragic decision to start smoking or chewing. One proven and very effective way to discourage such behavior is significantly increasing the cost of tobacco. The attached bill will raise the tax on cigarettes by $1 per pack. Ive often said I hope this new tax wont raise a dime--that would mean current smokers were changing their minds and young people werent starting at all. But even with reduced demand, this bill will generate more money for the state treasury--an estimated $40 million for Fiscal Year 1998. I am proposing these new revenues be legislatively designated for education and childrens health programs. I urge your support of this important legislation. Sincerely, /s/ Tony Knowles Governor SB 45 SENATE BILL NO. 45 BY SENATOR ADAMS, entitled: An Act relating to Statehood Act land selection conveyances to boroughs and unified municipalities. was read the first time and referred to the Community and Regional Affairs, Judiciary and Finance Committees. 1997-01-13 Senate Journal Page 0031 SB 46 SENATE BILL NO. 46 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act naming a new maritime vessel for the Alaska Marine Highway System; and providing for an effective date. was read the first time and referred to the Transportation and State Affairs Committees. Zero Fiscal note published today from Department of Transportation and Public Facilities. Governor's transmittal letter dated January 13: Dear President Miller: I am pleased to transmit this bill to you naming the latest addition to the states marine highway fleet the Motor Vessel Kennicott. This name complies with state law requiring the name of our maritime vessels be that of an Alaska glacier. But I think its especially terrific this name was selected through a statewide essay contest conducted in our schools. The winning name was nominated by Leah Jarvis, a student at Glennallen Elementary School in Copper Center, Alaska. A joint legislative and executive branch committee consisting of Lieutenant Governor Fran Ulmer, former Senate President Drue Pearce, and House Speaker Gail Phillips chose Leahs essay as the best one from among the numerous entries. The Motor Vessel Kennicott will provide valuable service to the state for many years. Its name appropriately reflects one of Alaskas beautiful scenic wonders. I urge your favorable consideration of this bill and your joining me in congratulating Leah and all of the students who participated in this contest. Sincerely, /s/ Tony Knowles Governor 1997-01-13 Senate Journal Page 0032 EXECUTIVE ORDERS EO 98 EXECUTIVE ORDER NO. 98 Transferring enforcement of size and weight standards for vehicles, inspection of scales and other measuring and weight devices used in trade and commerce and monitoring of commercial practices relating to the measuring of various products; and enforcement of air carrier financial responsibility requirements, and administration of commercial motor vehicle safety inspection programs and of the state's commercial motor vehicle financial responsibility program to the Department of Transportation and Public Facilities. was referred to the Transportation, State Affairs, Judiciary and Finance Committees. Zero fiscal notes published today from Department of Public Safety, Department of Commerce and Economic Development, Department of Transportation and Public Facilities. Governor's transmittal letter dated January 13: Dear President Miller: The state of Alaska has various responsibilities in managing its highway system, some of which require compliance with federal standards in order to ensure highway funding. But current oversight of these numerous responsibilities rests between three departments. This makes no sense. Combining all functions of highway management within the Department of Transportation and Public Facilities (DOTPF) is simply good, efficient government. This Executive Order 98 transfers commercial highway-related functions from the Department of Commerce and Economic Development (DCED) and Department of Public Safety (DPS) to the DOTPF. Ironically, the DOTPF already is responsible for adopting vehicle size and weight 1997-01-13 Senate Journal Page 0033 EO 98 standards, but the DCED enforces those standards through its Division of Weights and Measures. That division will be transferred to the DOTPF, thereby consolidating the entire size and weight standards program. Another area of confusion concerns the financial responsibility programs for air carriers and commercial motor vehicles. Theyre currently split between the DCED and the DPS for no obvious organizational reason. Executive Order 98 transfers all these programs to the DOTPF. The air carrier function comes with the Division of Weights and Measures; the commercial motor vehicle safety program will be transferred from the DPS to the DOTPF, becoming an integral part of the new division. Executive Order 98, along with the other executive order I am offering to you today (Executive Order 99) to transfer functions of the Division of Motor Vehicles from the DPS to the Department of Administration, is part of my Administrations continuing effort to deliver services to the public in the most efficient and cost-effective way possible. Sincerely, /s/ Tony Knowles Governor EO 99 EXECUTIVE ORDER NO. 99 Transferring the responsibility for the administration of most of the statutes in AS 28, regarding motor vehicles, and other statutory functions relating to motor vehicles and other vehicles from the Department of Public Safety to the Department of Administration. was referred to the Transportation, State Affairs, Judiciary and Finance Committees. Zero fiscal notes published today from Department of Public Safety, Department of Administration, Department of Transportation and Public Facilities. 1997-01-13 Senate Journal Page 0034 EO 99 Governor's transmittal letter dated January 13: Dear President Miller: Government has the responsibility to provide the best service possible to its citizens--especially in those areas where we require certain tasks of our residents such as registering their motor vehicles. It is with the goal of offering good service to the public that I am sending you this Executive Order 99 to transfer most of the functions of the Division of Motor Vehicles from the Department of Public Safety (DPS) to the Department of Administration (DOA). This transfer is in the best interests of efficient administration. The DPS is in the business of protecting the public. While it is important to ensure vehicles on our highways are safe, most of the functions of the Division of Motor Vehicles are routine transactions and, therefore, more appropriately placed in the DOA which is already set up to efficiently handle large-scale ministerial functions. The DOA is also better situated to bring to motor vehicle operations the latest technologies in public service delivery systems. The main functions transferred to the DOA under this executive order are the registration and title issuance of motor vehicles. Other paperwork functions to be transferred include monitoring compliance with insurance requirements and with orders for counseling of drivers with numerous infractions, maintenance of driver records, as well as the licensing of commercial driver training schools. Functions relating directly to protecting the public will remain with the DPS, most notably the inspection and approval of vehicle equipment. Also note that Executive Order 98, the other executive order I am offering today, transfers additional motor vehicle-related functions from the DPS to the Department of Transportation and Public Facilities. These two executive orders will enable the DPS to better focus on its primary mission and, in concert, are a meaningful step toward efficient, good government. Sincerely, /s/ Tony Knowles Governor 1997-01-13 Senate Journal Page 0035 UNFINISHED BUSINESS Senator Taylor moved that Shirley McCoy be confirmed as a public member to the Select Committee on Legislative Ethics (page 9). The question being: Shall Shirley McCoy be confirmed as a public member to the Select Committee on Legislative Ethics? The roll was taken with the following result: Shall the Senate confirm Shirley McCoy as a public member of the Select Committee on Legislative Ethics? YEAS: 17 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Green, Halford, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Wilken Nays: Ward Absent: Ellis, Hoffman and so, Shirley McCoy was confirmed by the Senate. President Miller appointed Senator Pearce and Senator Duncan as Senate members to the Select Committee on Legislative Ethics. Senator Taylor moved that Senator Pearce and Senator Duncan be confirmed as Senate members to the Select Committee on Legislative Ethics. The question being: Shall Senator Pearce and Senator Duncan be confirmed? The roll was taken with the following result: 1997-01-13 Senate Journal Page 0036 Shall Senator Pearce and Senator Duncan be confirmed as the Senate members of the Select Committee on Legislative Ethics? YEAS: 17 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Adams, Donley, Duncan, Green, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Absent: Ellis, Halford, Hoffman and so, Senator Pearce and Senator Duncan were confirmed. The Secretary was requested to notify the House. President Miller appointed the following members to the Legislative Council: Senator Kelly, Vice Chair Senator Miller Senator Sharp Senator Green Senator Pearce Senator Leman Senator Hoffman President Miller appointed the following members to the Legislative Budget and Audit Committee: Senator Phillips, Chair Senator Pearce Senator Donley Senator Halford Senator Adams Senator Torgerson, Alternate President Miller appointed the following members to the Administrative Regulation Review Committee: Senator Mackie, Vice Chair Senator Wilken Senator Lincoln 1997-01-13 Senate Journal Page 0037 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, 1997. Without objection, the Senate adjourned at 11:48 a.m. Nancy Quinto Acting Secretary of the Senate January 1997 1997-01-13 Senate Journal Page 0038 ANNOUNCEMENTS Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. SENATE STANDING COMMITTEES + indicates teleconference FINANCE SENATE FINANCE 532 JAN 16 THURSDAY 9:00 AM STATE REVENUE FORECASTS ..PRESENTED BY THE DEPARTMENT OF REVENUE JAN 17 FRIDAY 9:00 AM BUDGET OVERVIEW PRESENTED BY THE OFFICE OF BUDGET AND MANAGEMENT FOLLOW-UP REMARKS BY MIKE GREANY, LEG FINANCE JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT SENATE FINANCE 532 JAN 13 MONDAY 8:15 AM AGENDA: RPLS, AUDIT REQUESTS, PASSING THE GAVEL OTHER MEETINGS STATE OF THE STATE ADDRESS HOUSE CHAMBER JAN 14 TUESDAY 8:00 PM JOINT SESSION: STATE OF THE STATE ADDRESS ..HONORABLE TONY KNOWLES, GOVERNOR JAN 16 THURSDAY 8:00 PM JOINT SESSION: STATE OF THE BUDGET ADDRESS ..HONORABLE TONY KNOWLES, GOVERNOR