Legislature(1997 - 1998)
1997-01-15 Senate Journal
Full Journal pdf1997-01-15 Senate Journal Page 0047 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Third Day Pursuant to adjournment the Senate was called to order by President Miller at 10:59 a.m. The roll showed eleven members present. Senators Donley, Duncan, Ellis, Halford, Kelly, Lincoln, Parnell, Sharp, Torgerson were absent. The prayer was offered by the Chaplain, The Most Reverend Michael Warfel, Bishop of the Roman Catholic Church, Diocese of Juneau. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Almighty and gracious God, You grace us with life and being. We ask that You continue to bless and sustain us in all that we do. A saint of old once prayed, Lord, we entreat You to help us. Come to the aid of the afflicted, pity the lowly, raise the fallen, show your face to the needy, heal the sick, convert the wayward, feed the hungry, deliver the captives, support the weak. Let all nations know that You alone are God. May these lawmakers carry a like sense of concern for the people of our state. And in the difficult job of governing, bless them with minds filled with wisdom and hearts filled with compassion. Amen. Senator Hoffman led the Senate in the pledge of allegiance. 47 1997-01-15 Senate Journal Page 0048 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the second legislative day and Senate and House Joint Journal Supplement No. 1 be approved as certified by the Secretary. Without objection, it was so ordered. At this time, all members were present. COMMUNICATIONS The following Budget and Audit Reports were received from Randy S. Welker, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: State of Alaska, Single Audit for the Fiscal Year Ended June 30, 1995 State of Alaska Unabridged 1996 Annual Report of the Legislative Budget and Audit Committee (Books 1 and 2) Statewide Federal Indirect Costs, August 22, 1996 Department of Administration: University of Alaska, Printing and Publication Expenditures, April 16, 1996 Application Controls over the Alaska Statewide Accounting System, April 26, 1996 Legislative Affairs Agency, Computer Procurement and Related Appeals, October 17, 1996 Department of Commerce and Economic Development: Alaska Railroad Corporation, Chena Landings Development, August 20, 1996 1997-01-15 Senate Journal Page 0049 Alaska Railroad Corporation, Anchorage Gravel Activities, July 3, 1996 Division of Occupational Licensing, Board of Public Accountancy, September 15, 1996 (Sunset) State Board of Registration for Architects, Engineers, and Land Surveyors, September 17, 1996 (Sunset) Board of Dental Examiners, October 14, 1996 (Sunset) Division of Occupational Licensing, State Physical Therapy and Occupational Therapy Board, October 24, 1996 (Sunset) Division of Occupational Licensing, Board of Barbers and Hairdressers, October 24, 1996 (Sunset) Department of Corrections: Board of Parole, July 15, 1996 (Sunset) Fiscal Operations and Compliance with State Laws and Regulations, July 19, 1996 Department of Environmental Conservation, Division of Statewide Public Service, Selected Alternative Sanitation Technology Issues, August 1, 1996 Department of Health and Social Services, Juneau Alliance for the Mentally Ill, October 28, 1996 Department of Transportation and Public Facilities: Recovery of Repair Costs for Damaged Highway Fixtures, May 13, 1996 1997-01-15 Senate Journal Page 0050 Fairbanks Procurement and Surplus, Property Procedures, May 15, 1996 Alaska Marine Highway System, Selected Operational Issues, August 9, 1996 University of Alaska, Institute for Circumpolar Health Studies, February 29, 1996 STANDING COMMITTEE REPORTS Rules Committee Report dated January 13 was received stating: In compliance with AS 24.10.030 and Uniform Rule 3(a), the Senate Rules Committee hereby reports its nomination of Nancy Quinto to serve as Secretary of the Senate for the Twentieth Legislature and recommends election by the Senate. The report was signed by Senator Kelly, Chair, Senators Taylor, Duncan, Leman, Torgerson. Senator Taylor moved and asked unanimous consent that the Rules Committee Report be adopted. Without objection, it was so ordered, thereby confirming Nancy Quinto as Secretary of the Senate. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 49 SENATE BILL NO. 49 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act repealing certain filing statements and bonds for enforcement and collection of certain taxes and license fees; relating to service of process on nonresident taxpayers; and providing for an effective date. 1997-01-15 Senate Journal Page 0051 SB 49 was read the first time and referred to the Labor and Commerce and Judiciary Committees. Zero fiscal notes published today from Department of Commerce and Economic Development, Department of Revenue. Governor's transmittal letter dated January 15, 1997: Dear President Miller: Much of my effort in advertising Alaska as open and ready for business includes removing unnecessary barriers to doing business in our state. This bill does just that. It discontinues our requirement that nonresident businesses file a bond or other security with the Department of Revenue -- a requirement, I must note, that makes Alaska unique among all 50 states. In this area, Id rather join the norm than be different. The bonding requirement, with a minimum $1,000 bond, was enacted in 1955 to ensure the collection of state taxes and license fees from nonresident businesses which have little security or property in the state. It may have made sense back then when it was hard to find people if they abruptly closed up shop and left the state with a tax debt. But modern technology has fixed that problem. Many taxpayers now complain the bonding and related filing requirements are excessive considering the amount of business they do in the state. Moreover, no one in the Department of Revenue can recall a case where a bond was actually used to pay a delinquent tax lien; the department has other means of ensuring that tax payments are made. In fiscal year 1995, more than 2,000 corporations had to fill out lengthy paperwork and file these bonds. If the program is eliminated, the time the state spends on processing all these forms can be redirected toward expanded tax compliance work which would result in increased revenue to the state. 1997-01-15 Senate Journal Page 0052 SB 49 I submitted this same proposal last year to the legislature where it received much support. It passed the Senate as well as every committee of referral in the House of Representatives. The non- resident tax bond program serves only to discourage business in Alaska. Its time to take it off the books. Sincerely, /s/ Tony Knowles Governor SB 50 SENATE BILL NO. 50 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to administrative penalties for violation of public water supply system requirements; amending Alaska Rule of Civil Procedure 82 regarding attorney's fees; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs, Judiciary and Finance Committees. Zero fiscal notes published today from Department of Law, Department of Environmental Conservation. Governor's transmittal letter dated January 15, 1997: Dear President Miller: Safe drinking water is essential to the health and well-being of any community. As part of my ongoing effort to build healthy communities in Alaska, this administration is dedicated to ensuring our public water systems meet all health requirements. In order to meet that goal, it is important that the state retain control over enforcement of the federal drinking water program. Losing that 1997-01-15 Senate Journal Page 0053 SB 50 control would lead to the loss of federal construction funds for drinking water systems -- something we cannot afford to see happen, particularly for rural Alaska. This bill will guarantee the state maintains its control over drinking water programs by complying with a recent change to the federal Safe Drinking Water Act which mandates the state have administrative penalties for violations of public water supply system requirements. This bill appropriately places the administrative penalty authority with the Department of Environmental Conservation (DEC). The authority to impose administrative penalties is a more efficient and cost-effective way to enforce important public health laws. Presently, the state must initiate a lawsuit in order to impose a civil assessment for a violation of requirements for public water supply systems. Legal costs for a court action potentially far exceed the costs involved in an administrative hearing and any related appeal. Enacting administrative penalty authority is essential if the state is to receive this important federal funding for improvement of Alaska public drinking water systems. Maintaining Alaskas primary enforcement authority for the federal drinking water program provides maximum flexibility and local control over this program while at the same time working to ensure the safety of Alaskas public water supply systems. Sincerely, /s/ Tony Knowles Governor 1997-01-15 Senate Journal Page 0054 CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Victims for Justice, 1996 Foundation for Improvement of Justice Award Senator(s) Donley, Ellis, Leman, Pearce, Lincoln, R. Phillips, Parnell, Mackie, Kelly, Taylor, Halford, Duncan, Green Honoring - Sylvia Thompson for Her One Hundredth Birthday Senator(s) Torgerson, Leman, Pearce, Adams, Lincoln, Mackie, Kelly, Taylor, Duncan, Green Honoring - Dolly Spencer, National Heritage Fellowship Award Senator(s) Torgerson, Pearce, Adams, Lincoln, Mackie, Kelly, Taylor, Leman, Duncan, Green Honoring - Anchor Point Volunteer Fire Department Senator(s) Torgerson, Leman, Pearce, Adams, Lincoln, Parnell, Mackie, Kelly, Taylor, Donley, Duncan, Green 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 Lincoln moved and asked unanimous consent that she be excused from a call of the Senate on January 20 and 21. Without objection, Senator Lincoln was excused. ANNOUNCEMENTS Announcements are at the end of the journal. 1997-01-15 Senate Journal Page 0055 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 16, 1997. Without objection, the Senate adjourned at 11:06 a.m. Nancy Quinto Secretary of the Senate January 1997 1997-01-15 Senate Journal Page 0056 ANNOUNCEMENTS Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. SENATE STANDING COMMITTEES + indicates teleconference COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 JAN 20 MONDAY 1:30 PM SB 29STATE AID TO MUNICIPALITIES & UNORG. BOR. ---------------------------------------- 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 OMB FOLLOW-UP REMARKS BY MIKE GREANY, LEG FINANCE JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT SENATE FINANCE 532 JAN 16 THURSDAY 8:30 AM LBA WILL MEET FOR ORGANIZATIONAL PURPOSES 1997-01-15 Senate Journal Page 0057 OTHER MEETINGS STATE OF THE BUDGET ADDRESS HOUSE CHAMBER JAN 16 THURSDAY 8:00 PM JOINT SESSION: STATE OF THE BUDGET ADDRESS ..HONORABLE TONY KNOWLES, GOVERNOR ---------------------------------------- ENERGY COUNCIL FAHRENKAMP 203 JAN 15 WEDNESDAY 3:30 PM ENERGY COUNCIL OVERVIEW