Legislature(1997 - 1998)
1998-02-11 Senate Journal
Full Journal pdf1998-02-11 Senate Journal Page 2477 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Thirty-first Day Pursuant to adjournment the Senate was called to order by President Miller at 11:03 a.m. The roll showed sixteen members present. Senators Kelly, Taylor were excused from a call of the Senate. Senators Sharp, Torgerson were absent. The prayer was offered by the Chaplain, Associate Pastor Mike Powers of the Church of the Nazarene. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord God, the creator of all things, we ask that Your Spirit would be close to each one here today. Give us courage to live for You and compassion to live for others. When we become proud or selfish check our hearts so we may choose to walk in Your ways. Let there be evidence today in what we say and do that You are here in our hearts, in our minds, in our votes. We pray in Your name that Your kingdom of goodness and light would be established among us. Amen. Senator Mackie led the Senate in the Pledge of Allegiance. Certification Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the thirtieth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2477 1998-02-11 Senate Journal Page 2478 The presence of Senator Torgerson was noted. Messages from the Governor Letter dated February 9 and received February 10 was read, stating in accordance with AS 39.05.080(1) and Article III Section 26 of the Alaska Constitution, I submit the following names for legislative confirmation of appointment to the positions noted: State Commission for Human Rights Christine R. Marasigan - Anchorage Appointed: 02/06/98 Expires: 01/31/03 James H. Chase - Anchorage Appointed: 02/06/98 Expires: 01/31/03 President Miller referred the appointments to the State Affairs Committee. The resumes for these appointments have been submitted to the offices of the Senate Secretary and the Chief Clerk. Messages from the House Message dated February 9 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Twentieth Alaska Legislature at 10:00 a.m., February 19, 1998 for Senator Ted Stevens annual address to the legislature. Senator Leman, Acting Majority Leader, 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. 1998-02-11 Senate Journal Page 2479 Standing Committee Reports SB 235 The Labor and Commerce Committee considered SENATE BILL NO. 235 An Act extending the termination date of the Board of Certified Real Estate Appraisers. Signing do pass: Senator Leman, Chair, Senators Hoffman, Miller. Zero fiscal note published today from Department of Commerce and Economic Development. The bill was referred to the Finance Committee. SB 240 The Finance Committee considered SENATE BILL NO. 240 An Act repealing the tax on punchboards and coin-operated amusement and gaming devices; and providing for an effective date. Signing do pass: Senator Pearce, Cochair, Senators Phillips, Adams, Torgerson. Zero fiscal note published today from Department of Revenue. The bill was referred to the Rules Committee. SB 254 The Labor and Commerce Committee considered SENATE BILL NO. 254 An Act relating to levy, execution, garnishment, attachment, or other remedy for the collection of debt as applied to a permanent fund dividend and recommended it be replaced with CS FOR SENATE BILL NO. 254(L&C) An Act relating to the exemption from levy, execution, garnishment, attachment, or other remedy for the collection of debt as applied to a permanent fund dividend, and to the fee for processing a claim on a dividend. Signing amend: Senator Leman, Chair. Signing do pass: Senators Kelly, Mackie. 1998-02-11 Senate Journal Page 2480 SB 254 Zero fiscal note for the bill published today from Department of Revenue. The bill was referred to the Judiciary Committee. SB 265 The State Affairs Committee considered SENATE BILL NO. 265 An Act designating the moose as the state land mammal. Signing do pass: Senator Green, Chair, Senators Duncan, Miller, Ward. Zero fiscal note published today from the Senate State Affairs Committee. The bill was referred to the Rules Committee. HCR 19 The Rules Committee considered HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the Alaska Council of Deaf, Hard of Hearing, and Deaf/Blind. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Leman. The resolution is on todays calendar. Introduction and Reference of Senate Bills SB 289 SENATE BILL NO. 289 BY SENATOR WILKEN, entitled: An Act relating to fines and bail forfeiture amounts for certain offenses committed within highway work zones. was read the first time and referred to the Transportation and Judiciary Committees. 1998-02-11 Senate Journal Page 2481 SB 290 SENATE BILL NO. 290 BY SENATORS WILKEN, Miller, Pearce, entitled: An Act naming William Ransom Wood Boulevard in Fairbanks. was read the first time and referred to the Transportation Committee. SB 291 SENATE BILL NO. 291 BY SENATOR TAYLOR, entitled: An Act relating to living wills, do not resuscitate orders, anatomical gifts, and the care and treatment of persons with serious medical conditions. was read the first time and referred to the Judiciary and Health, Education and Social Services Committees. SB 292 SENATE BILL NO. 292 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act making supplemental appropriations; making, amending, and repealing capital or other appropriations; making appropriations to capitalize funds; and providing for an effective date. was read the first time and referred to the Finance Committee. Governors transmittal letter dated February 10: Dear President Miller: The FY98 supplemental appropriations bill I am delivering to you today is essentially in two parts: the regular supplemental and a one-time opportunity to catch up on major unmet needs for our children without increasing state funds over what was budgeted for this year. 1998-02-11 Senate Journal Page 2482 SB 292 The second part is particularly gratifying. Thanks to the efforts of Senator Murkowski in securing an increase in the rate at which the federal government matches our state funds for Medicaid (known as FMAP), Alaska has $22.8 million this year which it can reallocate to our children. With these and $1 million in reappropriated funds, I propose to: repair Head Start facilities around the state; build public health centers in Kenai and Bethel; provide our public health nurses and child protection workers with adequate communications equipment and vehicles; bring more state buildings and mental health trust beneficiary facilities into compliance with the Americans with Disabilities Act; strengthen our efforts against domestic violence with improved monitoring of sexual predators, training, and computer systems; build juvenile detention and treatment facilities in Anchorage, Mat-Su and Ketchikan; keep our National Guard Youth Corps program going despite reduced federal dollars; address the serious problems of inhalant abuse among children; and grow the Alaska Children's Trust so more earnings will be available for community programs that prevent child abuse and neglect. As we have discussed, Alaska is faced with a clear choice in how to use its $22.8 million FMAP dollars in FY98 and the $30 million more it will receive each year in FY99 and FY00. The new federal match rate will be up for review and reauthorization in three years. If the Legislature decides to take it simply as a budget savings, this short-term choice is almost certain to jeopardize Alaska's long-term benefits from the new federal Medicaid rate. Senator Murkowski made this very clear when he was in Juneau last month. He didn't manage to convince Congress to change the Medicaid rate just so Alaska could cut its budget. He ultimately prevailed on the basis that 1998-02-11 Senate Journal Page 2483 SB 292 our health care costs are higher and we need more federal dollars to help those who need our assistance. That's also the basis on which I was able to convince the President to overcome his own OMBs advice and cancel his intended veto of the increased federal dollars to Alaska. Do we really want to risk $30 million annually from the federal government for years to come in exchange for a one-time "savings" in the FY98 or 99 budget? That would certainly be penny wise and pound foolish. And it would leave many important needs unmet. The reallocation of state matching funds for Medicaid will help us make a difference in children's lives. However, the other part of the supplemental is no less important. Nearly $22 million is necessary to address natural and economic disasters that hit Alaska this year -- $13 million for fire suppression, almost $5 million for the Bristol Bay fisheries collapse, $2 million for floods and other natural disasters, and $1.7 for the ferry blockade by Canadian fishermen. More than $4 million is needed because of prison overcrowding, increased costs of community residential center beds and inmate health care. (This is on top of the Cleary fines and implementation of the judge's February 6 order to bring prison populations down to emergency capacity levels by May 1. A special appropriation to fund the plan and pay the fines will be introduced later this week.) To secure recent appropriations by the federal government for harbor improvements in three Alaska communities, I recommend you approve $3.6 million in matching funds. When the state budget was passed last May, the fate of these federal funding requests was unknown. We were able to reduce the level of state funds needed by insisting the communities pay half of the required matching funds. One of the first budget discipline commitments I made upon taking office was to bring supplementals under control and to acknowledge to the public up front that some adjustments would be necessary before year-end. Although this year's supplemental is larger than what we needed the last two years, we have indeed made significant reforms to the prior practice of spending as though supplementals 1998-02-11 Senate Journal Page 2484 SB 292 were automatic and unlimited. My predecessor identified a staggering total of $80 million in "needed" additions to the FY95 budget. This year's amount is largely due to unexpectedly large costs for disasters, increased federal match requirements and prison overcrowding. Even so, the general fund supplemental is only 1.6% of the total general fund state budget. The budget plan released by the majority last May included a place holder of $16.5 million for supplemental appropriations, the level recommended earlier in my own budget plan. My plan acknowledged that the Legislature was funding some of the annual budget in the supplemental rather than in the primary operating budget bill. It anticipated the legislative under funding of leases ($1.4 million), constitutional and statutory legal defense obligations (nearly $1 million), and an "average" level of additional expenses for fire suppression, natural disasters and judgments/claims. However, when the Legislature reduced the oil and gas litigation appropriation by $2 million with the expectation of a supplemental, it did not make a corresponding increase to the budget plan level of $16.5 million. Since the state's litigation work brings hundreds of millions of dollars in settlements to our state coffers, we can ill afford not to fund it adequately. (Another $300,000 is required by the Department of Law to defend constitutional challenges to the two laws limiting a woman's right to choose which I vetoed as unconstitutional but which were overridden last session.) The first section of this bill highlights several critical issues needing immediate funding. For instance, we should not begin the next Youth Corps class in March unless we have reasonable assurance that the state funds to complete the four-month class are forthcoming. Community residential center beds will cost more under new contracts and we need assurance the increased expense will be approved. Although it would make sense to address all supplementals well before the end of the session, the items in Section 1 are of particular urgency. Since the Administration and Legislature have brought control to the supplemental budget process, it would be appropriate to take the next budget discipline step and have the Legislature approve the supplemental in a timely fashion, well before the end of the session instead of barely ahead of the FY99 budget. 1998-02-11 Senate Journal Page 2485 SB 292 I look forward to working with you on a responsible supplemental budget for FY98, one that maintains budget discipline but also takes advantage of the unique opportunity we have to wisely reallocate the funds we used to spend matching federal Medicaid dollars. Sincerely, /s/ Tony Knowles Governor Consideration of the Calendar Second Reading of House Resolutions HCR 19 HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the Alaska Council of Deaf, Hard of Hearing, and Deaf/Blind, was read the second time. Senator Wilken, Chair, moved and asked unanimous consent for the adoption of the Health, Education and Social Services Senate Committee Substitute offered on page 2405. Without objection, SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(HES) Relating to the Alaska Deaf, Hard of Hearing, and Deafblind Council, was adopted, read the second time and was before the Senate on final passage. The question being: Shall SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(HES) Relating to the Alaska Deaf, Hard of Hearing, and Deafblind Council, pass the Senate? The roll was taken with the following result: 1998-02-11 Senate Journal Page 2486 HCR 19 SCS HCR 19(HES) Second Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Excused: Kelly, Taylor Absent: Sharp and so, SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(HES) passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Garry Buell, Broadcaster of the Year Senator(s) Green, Halford, Kelly, Taylor, Leman, Wilken, Pearce, Donley, Duncan, Hoffman, Parnell, Mackie, Lincoln In Memoriam - Mary C. Hamilton Senator(s) Green, Halford, Kelly, Taylor, Leman, Wilken, Pearce, Donley, Duncan, Hoffman, Parnell, Mackie, Lincoln Representative(s) Ogan In Memoriam - Victoria Stone Senator(s) Green, Halford, Kelly, Taylor, Leman, Wilken, Pearce, Donley, Duncan, Hoffman, Parnell, Mackie, Sharp, Lincoln In Memoriam - Gertrude C. Anderson Senator(s) Green, Halford, Kelly, Taylor, Leman, Wilken, Pearce, Donley, Duncan, Hoffman, Parnell, Mackie, Lincoln Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 1998-02-11 Senate Journal Page 2487 Unfinished Business SB 284 Senator Phillips moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 284 An Act relating to cruelty to animals. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that he be excused from a call of the Senate on February 16. Without objection, Senator Halford was excused. Senator Parnell moved and asked unanimous consent that he be excused from a call of the Senate on February 18, 19, 20. Without objection, Senator Parnell was excused. Senator Mackie moved and asked unanimous consent that he be excused from the Senate, not subject to a call, on February 28 and March 1. Without objection, Senator Mackie was excused. Announcements Personal bill deadline is 10:00 a.m. on Monday, February 16, 1998. Announcements are at the end of the journal. Engrossment HCR 19 SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(HES) Relating to the Alaska Deaf, Hard of Hearing, and Deafblind Council, was engrossed, signed by the President and Secretary and returned to the House for consideration. 1998-02-11 Senate Journal Page 2488 Enrollment SB 152 CS FOR SENATE BILL NO. 152(FIN) An Act relating to certified nurse aides; and providing for an effective date was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:10 p.m. on February 10, 1998. Adjournment Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 12, 1998. Without objection, the Senate adjourned at 11:18 a.m. Nancy Quinto Secretary of the Senate February 1998 1998-02-11 Senate Journal Page 2489 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 FEB 11 WEDNESDAY 1:30 PM JOINT MEETING WITH HOUSE C&RA COMMITTEE LOCAL BOUNDARY COMMISSION REPORT FEB 13 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 FEB 11 WEDNESDAY 8:30 AM -- TIME CHANGE -- SB 273CHARITABLE GAMING <REMOVED FROM AGENDA - RESCHEDULED TO 2/18> + SB 240REPEAL COIN-OPERATED DEVICE TAX + SB 234BOARD OF GOVERNORS OF AK BAR ASSN <PREVIOUSLY SCHEDULED BILLS> SB 179MAT-SU AND SEWARD PRISONS HB 86CITIES: PAYMENTS IN LIEU OF TAXES FEB 12 THURSDAY 8:30 AM -- TIME CHANGE -- RESULTS-BASED GOVERNMENT WORK SESSION MENTAL HEALTH TRUST AUTHORITY FEB 16 MONDAY 9:00 AM RESULTS-BASED GOVERNMENT WORK SESSION TIMBER PROGRAM, DEPT OF NATURAL RESOURCES ---------------------------------------- 1998-02-11 Senate Journal Page 2490 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 11 WEDNESDAY 9:00 AM PRESENTATION BY THE STATE INDEPENDENT LIVING COUNCIL <BILLS HELD FROM PREVIOUS MEETINGS> FEB 13 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 11 WEDNESDAY 2:00 PM -- TIME CHANGE -- + CONFIRMATION HEARINGS: SELECT COMMITTEE ON LEGISLATIVE ETHICS <BILL PREVIOUSLY HEARD> SB 218CRIMES OF MURDER & CHILD MURDERS FEB 13 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 12 THURSDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 11 WEDNESDAY 3:30 PM + SB 250MANAGEMENT OF GAME <PREVIOUSLY HEARD/SCHEDULED BILLS> FEB 13 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 12 THURSDAY 0:00 AM NO MEETING SCHEDULED 1998-02-11 Senate Journal Page 2491 TRANSPORTATION BUTROVICH ROOM 205 FEB 12 THURSDAY 1:30 PM --FOLLOWING BILLS RESCHEDULED FROM 02/03/98-- + SB 259METROPOLITAN PLANNING AUTHORITY + SB 263SECONDARY ROADS + SB 264AID FOR MUNICIPAL ROAD MAINTENANCE FINANCE SUBCOMMITTEES INFORMATION TECHNOLOGY SENATE FINANCE 532 FEB 12 THURSDAY 1:30 PM -- MEETING CANCELLED -- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT SENATE FINANCE 532 FEB 11 WEDNESDAY 4:00 PM PROPOSED LEGISLATION, SPECIAL AUDIT REQUESTS, AND RELEASE OF AUDITS OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 FEB 11 WEDNESDAY 12:00 PM -- MEETING CANCELLED -- FEB 18 WEDNESDAY 12:00 PM --AGENDA TO BE ANNOUNCED-- FEB 25 WEDNESDAY 12:00 PM --AGENDA TO BE ANNOUNCED-- ---------------------------------------- 1998-02-11 Senate Journal Page 2492 JOINT SESSION HOUSE CHAMBER FEB 19 THURSDAY 10:00 AM ANNUAL ADDRESS TO THE LEGISLATURE BY THE HONORABLE TED STEVENS, U.S. SENATOR ---------------------------------------- PERSONAL BILL DEADLINE FEB 16 MONDAY 10:00 AM PERSONAL BILLS SHOULD BE TURNED INTO THE SENATE SECRETARYS OFFICE BY MONDAY, 2/16 BEFORE 10:00 A.M., WHICH IS THE EXTENDED PERSONAL BILL DEADLINE FOR THE 20TH LEGISLATURE