Caucus Objects to Impeachment Delay
Senate Resolution 3 receives three committee referrals

Juneau - Members of the Senate Republican Caucus objected today to action that will delay impeachment proceedings against a University of Alaska Regent indicted on multiple federal charges of conspiracy, theft, fraud and money laundering.

Senate Resolution 3, introduced by Sen. Tom Wagoner, R-Kenai, authorizes the Alaska State House to begin an impeachment trial to remove Hayes from the Board of Regents. Senate President Lyda Green referred the resolution to three committees: Health, Education & Social Services; State Affairs; and Judiciary. Members of the Senate Republican Caucus believe the resolution should be referred only to the Judiciary Committee.

“I think if we refer this bill to three committees, we are ducking our responsibility,”

Sen. Wagoner said. “I respect Mr. Hayes and I respect his rights. But there is proof that he has misused the university seal and has not had a stellar record of attendance since the start of 2006. These things should be addressed by this body, and addressed quickly.”

“This is not a complicated resolution. I want people to understand that I brought this resolution forward because the attorney general has told the governor that she did not have the power to remove Mr. Hayes from his board of regents seat. Since we are the body that confirmed Mr. Hayes to the board of regents, it’s our responsibility to introduce the resolution on the impeachment,” Sen. Wagoner said.

“This resolution does not require consideration by committees that oversee health and social services or any of the departments under the purview of State Affairs,” said Senate Minority Leader Gene Therriault, R-North Pole. “We want to make clear, we are not attempting to convict Mr. Hayes on the charges brought against him by the Department of Justice - that’s an issue for the DOJ to decide, and requires a much higher standard of proof. What we are attempting to do is determine if he should be removed from the board for his misuse of the university seal and absences.”

“Our legislative counsel has advised us that delegates to the Alaska constitutional convention expected the Senate to perform a function equal to that of a grand jury when considering a motion for impeachment,” Therriault said. “This is a very difficult situation, but as legislators we can’t run and hide from our constitutional responsibility to investigate whether impeachment is, in fact, warranted.”

Audio actualities from Senators Tom Wagoner and Gene Therriault can be downloaded below:
http://www.aksenateminority.com/media/25/wagoner2007022601a.mp3
http://www.aksenateminority.com/media/25/wagoner2007022602a.mp3
http://www.aksenateminority.com/media/25/therriault2007022601a.mp3
http://www.aksenateminority.com/media/25/therriault2007022602a.mp3

Wagoner Calls for Hayes Impeachment
Resolution Directs House to Begin Trial

Juneau - Sen. Tom Wagoner, R-Kenai, will introduce a resolution Monday directing the State House to begin an impeachment trial to remove indicted University of Alaska Regent James C. Hayes.

“I thought long and hard before I decided to go through with the resolution to impeach Regent Hayes. I have met the gentleman, I have served with him on the postsecondary commission, I like him as a person, but when the university is put in the position that they have a regent who has been indicted by the federal government, I think that casts a pall over the whole Board of Regents and the university administration,” Sen. Wagoner said.

The resolution refers the matter to the House of Representatives for a trial on impeachment for the removal of Mr. Hayes from the University of Alaska Board of Regents.

The resolution states that the Senate finds by clear and convincing evidence that Mr. Hayes has committed an impeachable offense by his unauthorized use of the University of Alaska Seal to secure funding for his personal benefit and use, and by being unable or unwilling to carry out his duties to the University of Alaska as demonstrated by his past and continuing absences from the meetings of the Board of Regents.

A federal grand jury in Anchorage has indicted Mr. Hayes on multiple counts of theft, conspiracy and money laundering, charging that Mr. Hayes and his wife improperly diverted $825,000 from federal grants that were supposed to go to LOVE Social Services Center.

Hayes’ 8-year appointment to the Board of Regents expires in 2011, and he has stated he intends to serve out his term.

“I think the right thing for him to do would be step down. If he isn’t willing to do that, then I am willing to go the last step we have, and that’s an impeachment resolution and start the impeachment process, because nobody should be allowed to sit in a seat when they have this much controversy surrounding them dealing with the Board of Regents. I just don’t think that’s right,” Sen. Wagoner said.

An audio actuality by Sen. Wagoner can be downloaded below:
http://www.aksenateminority.com/media/25/wagoner2007022301a.mp3

Fact Sheet on Hayes Impeachment Resolution
http://www.aksenateminority.com/pdfs/25/factsheet_hayes_resolution.pdf

Original Letter showing State Seal:
http://www.aksenateminority.com/pdfs/25/hayes_letter_20010428.pdf
Copy of Impeachment Resolution:
http://www.aksenateminority.com/pdfs/25/hayes_impeachment_resolution.pdf

PFD, Sentencing and Surplus Bills Move
State Affairs passes out SB 35, SB 36 and SB 43

Juneau - Bills to save the state’s surplus, allow applicants to deduct money from their permanent fund checks for charitable causes, and impose a lifetime ban on alcohol for certain offenses moved out of the Senate State Affairs Committee today.

Senate Bill 35, introduced by Sen. Gary Wilken, R-Fairbanks, makes appropriations of $250 million each to four separate funds in an effort to “Bank a Billion” of the estimated $1.35 billion surplus expected in this year’s budget.

“Last year we set aside almost half of our surplus in different accounts. Senate Bill 35 sets that same path for us this year. We can bank a billion, and we can put it in four different places, to where future legislatures can use it as needed when things aren’t quite as rosy as they are today,” Wilken said.

Senate Bill 36 allows a court to impose a lifetime ban on alcohol for people convicted of certain crimes if the court finds by clear and convincing evidence that the defendant’s conduct was substantially influenced by alcohol.

“Senate Bill 36 offers a tool to our court system in the state of Alaska to deal with some of the alcohol-related problems that we experience. It’s not a tool that would be applied indiscriminately, only in very specific cases,” Therriault said.

Senate Bill 43 allows applicants for the permanent fund dividend to donate a portion of the dividend to community foundations, educational organizations or charitable organizations.

“I was very pleased that Senate Bill 43 moved from the State Affairs Committee today, it offers the citizens of the state of Alaska an easy way to help charitable organizations around the state. The administrative costs will be underwritten by the Rasmuson Foundation and it will be a win-win for the citizens of the State of Alaska,” Therriault said.

Audio actualities by Senator Therriault and Senator Wilken are available at the following links:

http://www.aksenateminority.com/media/25/therriault2007022201a.mp3
http://www.aksenateminority.com/media/25/therriault2007022202a.mp3
http://www.aksenateminority.com/media/25/wilken2007022201a.mp3

Fact Sheets:

http://www.aksenateminority.com/pdfs/25/sb0035.pdf
http://www.aksenateminority.com/pdfs/25/sb0036.pdf
http://www.aksenateminority.com/pdfs/25/sb0043.pdf

Lawmakers Urge Swift Resolution of Point Thomson Appeal
Resolution supports administration’s efforts

Juneau - Members of the Senate Republican Caucus plan to introduce a resolution tomorrow that would put the Legislature on record supporting the administration’s efforts to resolve a court appeal holding up development of Point Thomson oil and gas resources.

The resolution, which has not yet been assigned a number, asks the governor and the attorney general to allocate adequate resources and take all steps necessary to expedite the court’s consideration of ExxonMobil Corporation’s appeal of the final decision by the Commissioner of the Department of Natural Resources to deny ExxonMobil’s proposed plan to develop the Point Thomson Unit, and to terminate the Point Thomson unit.

Sen. Gene Therriault, R-North Pole, introduced the resolution after consulting with the administration on possible problems with Senate Bill 26, which he and Sen. Tom Wagoner, R-Kenai, filed earlier this session. SB 26 would have transferred judicial review of a final decision by the commissioner of the Department of Natural Resources approving termination of an oil or gas lease to the Alaska Supreme Court.

“After introduction of Senate Bill 26 and meeting with the Department of Law personnel, Senator Wagoner and I have a much better understanding now of some of the legal concerns there, and we are in agreement that perhaps moving forward on that legislation would be unwise,” Therriault said. “It could be, in fact, counterproductive, for what we were trying to accomplish. Instead our plan is to introduce a resolution that supports the administration’s efforts on moving forward with the state asserting its sovereign rights on the Point Thomson leases.”

“While we have three separate branches of government, it’s beneficial from time to time for our branch to make a clear statement of support to the executive branch for actions they have undertaken,” Therriault said.

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For a sound actuality by Sen. Therriault click below:
http://www.aksenateminority.com/media/25/therriault2007021501a.mp3

To view the fact sheet on the upcoming resolution click below:
http://www.aksenateminority.com/pdfs/25/ptu_resolution.pdf

Wagoner Bill Would Make Oil Companies Pay
Bill disallows deductions for improper maintenance

JUNEAU - Sen. Tom Wagoner plans to introduce a bill on Friday that would prevent oil companies from deducting costs for repairs due to improper maintenance of property or equipment.

“Basically this bill was the aftermath of the lack of action on an amendment that was offered in the Special Committee on Natural Gas Development last year,” said Senator Tom Wagoner, R-Kenai. “I thought we should follow up and re-introduce this amendment as a bill amending the PPT legislation because the state of Alaska should not in any way pay for the maintenance of a system that is not maintained properly.”

Wagoner’s bill, which has not yet been assigned a number, allows the commissioner of the Department of Revenue, in consultation with the commissioner of the Department of Environmental Conservation and the chair of the Alaska Oil and Gas Conservation Commission, to disallow costs determined to be related to the repair or replacement of improperly maintained property or equipment.

“I think we should at least have that ability in law so they have the right to do that. I think this could wind up, if not done properly, could cost the state tens of millions of dollars, not only with the BP problem, but other similar situations that we may see in the future,” Wagoner said.

For the purpose of determining the value subject to tax, the petroleum production tax passed in August of 2006 allows producers to deduct costs associated with the production of oil and gas from the gross value at the point of production. This bill prevents oil companies from deducting expenses resulting from improper maintenance. The issue of tax credits for repairs became a concern when corrosion in a 30-inch pipeline in Prudhoe Bay caused some 200,000 gallons of oil to leak onto the tundra.

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NOTE: A Fact Sheet for the bill is attached.
http://www.aksenateminority.com/pdfs/25/sb0080.pdf

For sound actualities by Sen. Tom Wagoner, click the following links:
http://www.aksenateminority.com/media/25/wagoner2007020801a.mp3
http://www.aksenateminority.com/media/25/wagoner2007020802a.mp3