Legislature(1997 - 1998)

1998-01-13 Senate Journal

Full Journal pdf

1998-01-13                     Senate Journal                      Page 2175
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     TWENTIETH LEGISLATURE - SECOND SESSION                    
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                   Second Day                                  
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Miller at 11:05 a.m.                                                           
                                                                               
The roll showed nineteen members present. Senator Pearce was                   
excused from a call of the Senate.                                             
                                                                               
The prayer was offered by the Chaplain, Pastor Johnny Reimer of                
the Douglas Island Bible Church. Senator Hoffman moved and asked               
unanimous consent that the prayer be spread. Without objection, it             
was so ordered.                                                                
                                                                               
Our God and heavenly Father, thank You for                                    
inviting us to come to You with the needs and                                  
concerns that arise as we pursue our responsibilities.                         
Thank You for the daily blessings which we take                                
for granted, things which are really gifts from Your                           
hand. We acknowledge our need for Your continued                               
care and provision. Help us to remember that                                   
together with the abundance surrounding us we have                             
a great responsibility to be proper stewards, to share                         
with those who are less fortunate.                                             
                                                                               
We thank You this morning for the privilege of                                
living in a land of freedom. We pray for the leaders                           
of our nation and our state that they will be given                            
wisdom, and that with prudence they will discharge                             
their responsibilities. We pray for the men and                                
women in our armed forces that they will be kept                               
safe and be allowed to fulfill their duties. We pray                           
for the many who are suffering because of wars, we                             
pray for those who are persecuted because of their                             
religious beliefs or because of the prejudice of                               
others.                                                                        
                                                                               
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1998-01-13                     Senate Journal                      Page 2176
We ask for that measure of love and grace that will                           
lead us to give instead of only taking, and leaving                            
those we meet better than we found them. We ask                                
for a willingness to open a little more of ourselves                           
to Your love, control and direction.                                           
                                                                               
In the name of Christ our Lord we pray.   Amen.                               
                                                                               
Senator Sharp led the Senate in the Pledge of Allegiance.                      
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journal              
for the first legislative day be approved as certified by the Secretary.       
Without objection, it was so ordered.                                          
                                                                               
                                                                               
                           Messages from the House                           
                                                                               
Message dated January 12 was read, stating:                                    
                                                                               
The House of Representatives respectfully invites the Senate to Joint          
Session at 11:30 a.m. on January 14, 1998 for the purpose of                   
considering the Governors vetoes.                                              
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
accept the House invitation to meet in Joint Session. Without                  
objection, it was so ordered.                                                  
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
Message dated January 12 was read, stating:                                    
                                                                               
The House of Representatives respectfully invites the Senate to Joint          
Session at 10:00 a.m. on January 22, 1998 for the purpose of United            
States Senator Frank Murkowskis annual address to the Legislature.             
                                                                               
                                                                               

1998-01-13                     Senate Journal                      Page 2177
Senator Taylor moved and asked unanimous consent that the Senate               
accept the House invitation to meet in Joint Session. Without                  
objection, it was so ordered.                                                  
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
                                                                               
                                Communications                               
                                                                               
The following reports are on file in the Office of the Secretary of            
the Senate:                                                                    
                                                                               
Alaska Comprehensive Health Insurance Association 1996 Annual                  
Report                                                                         
from Cecil D. Bykerk, Chairperson                                              
in accordance with AS 21.55.020                                                
                                                                               
State of Alaska Comprehensive Annual Financial Report, Fiscal Year             
ended June 30, 1997                                                            
from Tony Knowles, Governor                                                    
in accordance with AS 37.05.210                                                
                                                                               
Pioneers Home Occupancy Report                                                 
from James Kohn, Director, Division of Alaska Longevity Programs,              
Department of Administration                                                   
in accordance with AS 47.55.010                                                
                                                                               
Certification of Capital Reserve Funds Requirement with respect to             
four Alaska Energy Authority capital reserve funds                             
from Wilson Hughes, Chairman, and D. Randy Simmons, Executive                  
Director of the Alaska Industrial Development and Export Authority             
in accordance with AS 44. 83.110                                               
                                                                               
Certification of Capital Reserve Funds Requirement with respect to             
the Refunding Revolving Fund Bonds                                             
from Wilson Hughes, Chairman and D. Randy Simmons, Executive                   
Director of the Alaska Industrial Development and Export Authority             
in accordance with AS 44.88.105                                                
                                                                               
                                                                               

1998-01-13                     Senate Journal                      Page 2178
Alaska Industrial Development and Export Authority (AIDEA), 1997               
Annual Report                                                                  
from Katelyn Markley, Economic Development Specialist                          
in accordance with AS 44.88.210                                                
                                                                               
Alaska Energy Authority Combined Financial Statements and                      
Schedule, June 30, 1997 and 1996                                               
from Katelyn Markley, Economic Development Specialist                          
in accordance with AS 44.83.940                                                
                                                                               
Executive Summary, Changes in the Distribution of Alaskas                      
Commercial Fisheries Entry Permits, 1975 to 1996                               
from the Commercial Fisheries Entry Commission                                 
in accordance with AS 16.43.980                                                
                                                                               
Synopsis of the Commercial Fisheries Entry Commissions 1996                    
Annual Report, available through the Internet at www.cfec.state.ak.us          
from Marlene Johnson, Commissioner and Bruce Twomley, Chairman                 
in accordance with AS 16.43.980                                                
                                                                               
National Conference of Commissioners on Uniform State Laws, 1997               
Annual Report                                                                  
from Deborah Behr, Alaska Uniform Law Commissioner                             
in accordance with AS 44.23.040                                                
                                                                               
Report Examining Court Decisions and Opinions of the Attorney                  
General Construing Alaska Statutes                                             
from Lynn Barnes, Special Assistant, Legal Services, Legislative               
Affairs Agency                                                                 
in accordance with AS 24.20.065                                                
                                                                               
Mining Reclamation in Alaska                                                   
from Commissioner John Shively, Department of Natural Resources                
                                                                               
Alaska Permanent Fund Corporation, Quarterly Financial Report, 4th             
Quarter, Fiscal 1997                                                           
from Eric Wohlforth, Chair, Board of Trustees, and Byran Mallott,              
Executive Director                                                             
                                                                               
                                                                               

1998-01-13                     Senate Journal                      Page 2179
Alaska Permanent Fund Corporation, 1997 Annual Report, Taking                  
Stock in Alaskas Future                                                        
from Eric Wohlforth, Chair, Board of Trustees                                  
in accordance with AS 37.13.170                                                
                                                                               
Fall 1997 Revenue Sources Book, Forecast and Historical Data                   
from Commissioner Wilson Condon, Department of Revenue                         
in accordance with AS 37.07.060                                                
                                                                               
Alaska North Slope Gas Commercialization Team, Notification of                 
Draft Report to the Governor                                                   
from Commissioner Wilson Condon, Department of Revenue                         
                                                                               
Alaska Housing Finance Corporation Review and Report of                        
Corporate Assets as of June 30, 1997                                           
from Dan Fauske, CEO/Executive Director                                        
in accordance with AS 18.56.089                                                
                                                                               
                                                                               
The following Budget and Audit Reports were received from Randy                
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,               
1996                                                                           
                                                                               
Department of Commerce and Economic Development, Alaska                        
Railroad Corporation Equipment Acquisitions and Disposals, March               
24, 1997                                                                       
                                                                               
Department of Commerce and Economic Development, Division of                   
Occupational Licensing, Selected Occupational Licensing                        
Investigations Issues, June 13, 1997                                           
                                                                               
Department of Commerce and Economic Development, Department                    
of Fish and Game, Review of Funding and Operation of Private                   
Nonprofit Hatcheries, August 22, 1997                                          
                                                                               
                                                                               

1998-01-13                     Senate Journal                      Page 2180
Department of Commerce and Economic Development, Division of                   
Occupational Licensing, Occupation Fee Setting Policies and                    
Regulatory Costs, October 3, 1997                                              
                                                                               
Department of Environmental Conservation, Division of Facility                 
Construction and Operation, Village Safe Water Program, Force                  
Account Construction and Sovereignty Issues, August 13, 1997                   
                                                                               
Department of Health and Social Services, Divisions of Medical                 
Assistance and Mental Health and Developmental Disabilities,                   
Community Mental Health Center Program, Selected Issues,                       
September 1, 1997                                                              
                                                                               
Department of Labor, Department of Natural Resources, Oil                      
Company Hiring, Procurement and Contracting Issues, August 31,                 
1997                                                                           
                                                                               
Department of Law, Legal Service Contract Review, March 24, 1997               
                                                                               
Department of Natural Resources, Department of Fish and Game,                  
Department of Law, Waterway Management Issues, March 28, 1997                  
                                                                               
Department of Revenue, Division of Gaming, Gaming Policies,                    
Procedures, and Operations, April 9, 1997                                      
                                                                               
Department of Revenue, Alcoholic Beverage Control Board,                       
September 8, 1997                                                              
                                                                               
Department of Transportation and Public Facilities, Capital                    
Construction Costs, July 25, 1997                                              
                                                                               
University of Alaska, Selected Russian Programs, September 25,                 
1997                                                                           
                                                                               
                                                                               

1998-01-13                     Senate Journal                      Page 2181
                         Introduction and Reference of                        
                              Senate Resolutions                              
                                                                               
SCR 20                                                                       
SENATE CONCURRENT RESOLUTION NO. 20 BY SENATOR                                 
PEARCE,                                                                        
                                                                               
Relating to support of the State of Alaskas                                   
areawide leasing program.                                                      
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                                  Citations                                  
                                                                               
Honoring Colony Girls Cross-Country Running Team, 1997 Alaska                  
State 4-A Champions                                                            
Senator(s) Green, Halford, Wilken, Duncan, Taylor, Kelly, Lincoln,             
Leman, Mackie                                                                  
                                                                               
In Memoriam - Edward Rainier Estes                                             
Senator(s) Torgerson, Duncan, Taylor, Kelly, Lincoln, Green, Leman,            
Mackie                                                                         
                                                                               
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 Sharp moved and asked unanimous consent that he be                     
excused from a call of the Senate January 15 to morning plane time             
on January 16. Without objection, Senator Sharp was excused.                   
                                                                               
Senator Donley moved and asked unanimous consent that he be                    
excused from a call of the Senate on January 16. Without objection,            
Senator Donley was excused.                                                    

1998-01-13                     Senate Journal                      Page 2182
Senator Duncan moved and asked unanimous consent that he be                    
excused from a call of the Senate on January 26, 27 and 28. Without            
objection, Senator Duncan was excused.                                         
                                                                               
SJR 21                                                                       
Senator Kelly moved and asked unanimous consent that SENATE                    
JOINT RESOLUTION NO. 21 Proposing amendments to the                            
Constitution of the State of Alaska relating to the public facilities          
capital fund, the Alaska Permanent Fund Corporation, and to                    
appropriations from the constitutional budget reserve fund to the              
public facilities capital fund, be withdrawn. Without objection, it was        
so ordered.                                                                    
                                                                               
The following letter dated July 21 from President Miller was sent to           
Ms. Margie Mac Neille, Chair of the Select Committee on                        
Legislative Ethics:                                                            
                                                                               
In response to your request of June 25, 1997, I am appointing the              
following Senators to serve on the Select Committee on Legislative             
Ethics to address case SH9701:                                                 
                                                                               
	Senator John Torgerson                                                        
	Senator Lyman Hoffman                                                         
                                                                               
These appointments are temporary and for the specific purpose of               
addressing case SH9701.                                                        
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                    Recess                                   
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in recess to the Joint Session. Without objection, the Senate            
recessed at 11:16 a.m.                                                         
                                                                               

1998-01-13                     Senate Journal                      Page 2183
                                 After Recess                                
                                                                               
                          Joint Session in the House                         
                                                                               
Speaker Phillips called the House to order and in accordance with              
Uniform Rule 51 turned the gavel over to President Miller at 7:57              
p.m.                                                                           
                                                                               
The purpose of the Joint Session was to hear the Honorable Tony                
Knowles, Governor, deliver his State of the State address.                     
                                                                               
Senator Taylor moved and asked unanimous consent that the roll call            
of the Senate be waived and all members be shown as present.                   
Without objection, it was so ordered.                                          
                                                                               
Representative Porter moved and asked unanimous consent that the               
roll call of the House be waived and all members be shown as                   
present. Without objection, it was so ordered.                                 
                                                                               
President Miller introduced the First Lady of Alaska, Susan Knowles            
and the Knowles children, Devon, Luke, and Sara.                               
                                                                               
President Miller appointed Representative Barnes and Senator Donley            
to escort Governor Knowles to the Joint Session.                               
                                                                               
The Senate Sergeant at Arms, Ethan Falatko, announced the                      
Governors entrance to the House Chamber.  The Honorable Tony                   
Knowles, Governor and the Honorable Fran Ulmer, Lieutenant                     
Governor were escorted to the rostrum.                                         
                                                                               
President Miller introduced Governor Knowles.                                  
                                                                               
Governor Knowles delivered his address. This address appears in                
House and Senate Joint Journal Supplement No. 10.                              
                                                                               
Following his address, the Governor received a standing ovation.               
The Governor and Lieutenant Governor were escorted from the                    
chamber by Senator Donley and Representative Barnes.                           
                                                                               
                                                                               

1998-01-13                     Senate Journal                      Page 2184
Senator Taylor moved and asked unanimous consent that the Joint                
Session stand in adjournment. Without objection, President Miller              
adjourned the Joint Session at 8:34 p.m.                                       
                                                                               
                                                                               
                                 After Recess                                 
                                                                               
                                 In the Senate                                
                                                                               
The Senate reconvened at 8:37 p.m.                                             
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Green moved and asked unanimous consent that the Senate                
stand in adjournment until 11:00 a.m., January 14, 1998. Without               
objection, the Senate adjourned at 8:38 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                          January 1998         

1998-01-13                     Senate Journal                      Page 2185
                                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 21                         WEDNESDAY  9:00 AM                              
	STATE REVENUE FORECAST-CHUCK LOGSDON, DOR                                    
	STATE EMPLOYMENT FORECAST-CHRIS MILLER, DOL                                  
                                                                               
JAN 22                         THURSDAY  9:00 AM                               
	POLICIES AND PRIORITIES-CRAIG HOLT, CONSULTANT                               
                                                                               
JAN 23                          FRIDAY  9:00 AM                                
	CBR FUND PERFORMANCE-ROSS KINNEY, DOR                                        
	RIP UPDATE AND COLLECTIVE BARGAINING                                         
	REVIEW-ANNALEE MCCONNELL, OMB                                                
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
JAN 14                         WEDNESDAY  9:00 AM                              
+	SB 197REGULATING HEALTH MAINTENANCE ORGS.                                   
                                                                               
JAN 16                          FRIDAY  9:00 AM                                
+	HB 189RESTRICT TOBACCO SALES                                                
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
JAN 15                         THURSDAY  1:30 PM                               
	SB 198UNIFORM PARTNERSHIP ACT                                                
	SB 205OCCUPATIONAL HEALTH & SAFETY AUDITS                                    
                    ----------------------------------------                   
                                                                               

1998-01-13                     Senate Journal                      Page 2186
                                    RULES                                    
                               FAHRENKAMP RM 203                               
JAN 21                         WEDNESDAY  0:00 AM                              
	UPON ADJOURNMENT                                                             
	SB 159NEW BUSINESS INCENTIVE PROGRAM                                         
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                                CAPITOL ROOM 408                               
JAN 14                         WEDNESDAY  3:30 PM                              
	SUBCOMMITTEE FOR THE SELECTION OF THE                                        
	LEGISLATIVE AUDITOR                                                          
                                                                               
JAN 21                         WEDNESDAY  3:30 PM                              
                               SENATE FINANCE 532                              
	SPECIAL AUDIT REQUESTS, PRELIMINARY AUDITS,                                  
	RELEASE OF AUDITS, APPOINTMENT OF LEGISLATIVE                                
	AUDITOR                                                                      
                                                                               
                                OTHER MEETINGS                               
                                                                               
                                JOINT SESSIONS                               
                                 HOUSE CHAMBER                                 
                                                                               
JAN 14                         WEDNESDAY 11:30 AM                              
	JOINT SESSION TO CONSIDER GOVERNORS VETOES                                   
                                                                               
                             STATE OF THE BUDGET                             
JAN 15                         THURSDAY  8:00 PM                               
	JOINT SESSION: STATE OF THE BUDGET ADDRESS                                   
	THE HONORABLE TONY KNOWLES, GOVERNOR                                         
                                                                               
JAN 22                         THURSDAY 10:00 AM                               
	JOINT SESSION                                                                
	ANNUAL ADDRESS TO THE LEGISLATURE                                            
	THE HONORABLE FRANK MURKOWSKI, U.S. SENATOR