Legislature(1999 - 2000)
2000-02-09 Senate Journal
Full Journal pdf2000-02-09 Senate Journal Page 2235 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Thirty-first Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:12 a.m. The roll showed nineteen members present. Senator Elton was excused from a call of the Senate. The prayer was offered by the Chaplain, Bishop Michael Warfel of the Roman Catholic Diocese of Juneau. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. We give You thanks, Spirit of Wisdom, for You speak to us in ways that often surprise us. You often uncover truths that we had kept hidden from ourselves and You support us in tasks we fear to undertake alone. Come to our aid, Spirit of Power, move among us and strengthen us for the work of this day. Come to us, Spirit of Compassion. Turn our hearts to the needs of the powerless, the poor, the sick and the innocent. Spirit of God, be with these legislators. Inspire them. Encourage them. Strengthen them. Fill them with enthusiasm for the work they must do. Amen. Senator Ward led the Senate in the Pledge of Allegiance. 2235 2000-02-09 Senate Journal Page 2236 Certification Senator Mackie 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. Communications Report from the Commissioner of the Department of Administration dated February 3 was received, stating the monetary terms for the collective bargaining agreement reached with the International Organization of Masters, Mates and Pilots, Pacific Maritime Region, in accordance with AS 23.40.215. Report from the Commissioner of the Department of Administration dated February 3 was received, stating the monetary terms for the collective bargaining agreement reached with Public Employees Local 71 representing the Labor Trades and Crafts Unit in accordance with AS 23.40.215. President Pearce referred these reports to the Finance Committee. Introduction and Reference of Senate Bills SB 257 SENATE BILL NO. 257 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to notice requirements for certain final findings concerning the disposal of an interest in state land or resources for oil and gas; relating to administrative appeals and petitions for reconsideration of decisions of the Department of Natural Resources; and providing for an effective date. 2000-02-09 Senate Journal Page 2237 SB 257 was read the first time and referred to the Resources and Finance Committees. Zero fiscal note published today from Department of Natural Resources. Governors transmittal letter dated February 8: Dear President Pearce: The Department of Natural Resources appeal process is overly complex, confusing, and even frustrating to the public and department staff. Seemingly similar decisions have different appeal tracks with different requirements and timelines. Appellants are sometimes required to make multiple appeals on the same issue. This bill I transmit today simplifies and makes consistent the department's appeal process to better serve the public. The bill eliminates the redundant process for non-disposal decisions in which a person now must appeal to the director, then the commissioner, then, through reconsideration, to the commissioner again. Instead, appellants would be allowed only one opportunity to make their case to the commissioner. The next step is to go to court. This process was implemented in 1994 disposal legislation and should be extended to all department decisions. The bill corrects another confusing result of the 1994 law, which set different appeal deadlines based on whether the case was a disposal or non-disposal decision, or a reconsideration request (as opposed to an appeal). The public cannot figure out in which category an action belongs and, therefore, by which deadline to abide. This bill eliminates the confusion by setting a 20-day deadline on all appeals and reconsideration requests. Decisions rendered under the Alaska Right-of-Way Leasing Act and the Alaska Stranded Gas Development Act are specifically exempt from this new provision. 2000-02-09 Senate Journal Page 2238 SB 257 Finally, the bill makes it clear that department decisions may be challenged in court, despite the fact most department decisions are exempt from portions of the Administrative Procedure Act. This bill will correct many aspects of the Department of Natural Resources appeal process that are confusing and cumbersome for the public. I urge your support. Sincerely, /s/ Tony Knowles Governor SB 258 SENATE BILL NO. 258 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to registration for commercial set gillnet fishing sites; relating to leases for shore fisheries development; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. Zero fiscal notes published today from Department of Natural Resources, Department of Fish and Game. Governors transmittal letter dated February 8: Dear President Pearce: The current land leasing program for commercial set gillnet fishing sites carries considerable cost for the Department of Natural Resources (department). In meeting restraints caused by recent budget cuts, this bill I transmit today replaces the shore fisheries leasing program with a self-executing registration system. 2000-02-09 Senate Journal Page 2239 SB 258 A registrant is entitled to a revocable, noncompensable use privilege for the site, with priority over other commercial set gillnet fishers who have not registered that site. The department would provide a system for recording site registration, but would not evaluate individual registrations or resolve conflicts between registrants regarding the priority of their use privileges for a particular site. Instead, conflicts would be resolved by the courts or by any other lawful means. The bill provides for a transition from the existing lease program to the registration system. To register a site, a person must hold a valid salmon set gillnet limited entry permit for the fishery, mark the site with the fisher's name and limited entry permit number, submit a completed form with precise coordinates of the location of the fishing net, and pay a registration fee to be established by the department. When more than one valid registration is filed for a particular site during its first three years of registration, priority use would be determined by: Length of time each registrant has been set gillnet fishing in the area; Proximity of the registrant's past fishing sites to the registered sites, and; Present ability of the registrants to use the site to its maximum potential for commercial set gillnet fishing. The department would retain authority to process and issue leases for shore fisheries lease applications accepted and filed before the effective date of the Act. Existing shore fisheries lessees could register the site under the new system before the expiration of their lease. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor 2000-02-09 Senate Journal Page 2240 Consideration of the Calendar Citations Honoring - Don and Nikki Gilman Representative(s) Smalley Senator(s) Ward, Pearce, Halford, Wilken, Torgerson, Leman, Parnell, Green, Mackie, Pete Kelly, Tim Kelly, Taylor, Donley, Miller, Hoffman, Lincoln, Phillips Commemorating the Life History of Chief Visilla Representative(s) Kohring Senator(s) Halford, Ward, Wilken, Leman, Parnell, Pearce, Green, Mackie, Pete Kelly, Tim Kelly, Taylor, Donley, Hoffman, Lincoln Senator Mackie 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 HB 222 President Pearce made a referral change to HOUSE BILL NO. 222 An Act relating to the remedies available to judgment creditors against limited liability company members and their assignees and against limited partnership general and limited partners and their assignees; and providing for an effective date (page 2215). The Judiciary and Finance Committee referrals were replaced by a referral to the Rules Committee. A similar Senate bill (SB 165) was reported out of the Judiciary and Finance Committees with a do pass recommendation. HOUSE BILL NO. 222 was referred to the Rules Committee. Senator Mackie moved and asked unanimous consent that he be excused from a call of the Senate from morning plane time on February 11. Without objection, Senator Mackie was excused. 2000-02-09 Senate Journal Page 2241 Announcements Announcements are at the end of the journal. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 10, 2000. Without objection, the Senate adjourned at 11:25 a.m. Heidi Vogel Secretary of the Senate February 2000 2000-02-09 Senate Journal Page 2242 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 = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS FAHRENKAMP 203 Feb 09 Wednesday 1:30 PM + SB 213TRANSPORTATION OF MEMBERS OF AK NATL GUAR + SB 242PIPELINE PROP TAX USED FOR REV. SHRING Feb 11 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SENATE FINANCE 532 Feb 09 Wednesday 9:00 AM -- Rescheduled from 2/8/00 -- + Joint w/(H) Finance Committee Presentation by Public Members of the Commission on Privatization & Delivery of Government Services Feb 10 Thursday 9:00 AM += SJR 29DURATION OF REGULAR LEGISLATIVE SESSION += SB 6DISPOSALS OF STATE LAND += SB 123PUBLIC INTEREST LITIGANT: FEES += SB 229REGULATORY COMM. OF ALASKA/ AOGCC + Bills Previously Heard/Scheduled 2000-02-09 Senate Journal Page 2243 FINANCE Feb 11 Friday 9:00 AM Review of Depts Accomplishments FY99-00 Department of Law += SJR 27CONST. AM: REVISIONS OF CONSTITUTION += SB 85CREDITED SERVICE FOR TEMP EMPLOYEES:PERS += SB 114IMPERSONATE POLICE/EMERGENCY VEHICLE += SB 186COLLEGE TUITION SAVINGS PLAN + Bills Previously Heard/Scheduled -- Above Bills Rescheduled from 2/7/00 -- ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Feb 09 Wednesday 1:30 PM += HCR 15DEVELOPMENTAL DISABILITY AWARENESS MONTH + SCR 12SOBRIETY AWARENESS MONTH += SB 204EXTEND ALASKA COMMISSION ON AGING += SB 127UNIVERSITY OF ALASKA SCHOLARSHIPS + SB 198INCREASE BASE ALLOCATION FOR EDUCATION Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY BELTZ 211 Feb 09 Wednesday 1:30 PM += SJR 32CONST. AM: ELECTED ATTORNEY GENERAL += SJR 14ELECTION OF ATTORNEY GENERAL Bills Previously Heard/Scheduled Feb 11 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 Feb 10 Thursday 1:30 PM -- Rescheduled from 2/8/00 -- += SB 193COLLECTION OF UNPAID WAGES += SB 220PROCUREMENT PREFS:PARTNERSHP/LTD LIAB CO += SB 222EMPLOYMENT SECURITY ACT ---------------------------------------- 2000-02-09 Senate Journal Page 2244 RESOURCES BUTROVICH 205 Feb 09 Wednesday 3:00 PM No Meeting Scheduled Feb 11 Friday 3:00 PM No Meeting Scheduled ---------------------------------------- RULES FAHRENKAMP 203 Feb 16 Wednesday Upon Adjournment HB 222LTD PARTNERSHIPS AND LTD. LIAB. COMPANIES ---------------------------------------- STATE AFFAIRS BELTZ 211 Feb 10 Thursday 3:30 PM No Meeting Scheduled ---------------------------------------- TRANSPORTATION BUTROVICH 205 Feb 10 Thursday 1:30 PM No Meeting Scheduled FINANCE SUBCOMMITTEES COMMUNITY & ECONOMIC DEVELOPMENT BELTZ 211 Feb 15 Tuesday 12:00 PM Agenda to be Announced Feb 22 Tuesday 12:00 PM Agenda to be Announced Feb 29 Tuesday 12:00 PM Agenda to be Announced ---------------------------------------- 2000-02-09 Senate Journal Page 2245 FINANCE SUBCOMMITTEES LABOR & WORKFORCE DEVELOPMENT BELTZ 211 Feb 09 Wednesday 12:00 PM Agenda to be Announced Feb 16 Wednesday 12:00 PM Agenda to be Announced <inadvertently scheduled for 2/17> Feb 23 Wednesday 12:00 PM Agenda to be Announced Mar 01 Wednesday 12:00 PM Agenda to be Announced ---------------------------------------- MILITARY AND VETERANS AFFAIRS SENATE FINANCE 532 Feb 09 Wednesday 4:00 PM Joint w/(H) Subcommittee Missions & Measures Dept Budget Priorities for FY01 Feb 23 Wednesday 4:00 PM Joint w/(H) Subcommittee Agenda to be Announced Mar 01 Wednesday 4:00 PM Joint w/(H) Subcommittee Closeout ---------------------------------------- NATURAL RESOURCES BUTROVICH 205 Feb 09 Wednesday 8:00 AM + Joint w/(H) Subcommittee ---------------------------------------- CAPITAL BUDGET FINANCE SUBCOMMITTEE SENATE FINANCE 532 Feb 09 Wednesday 12:00 PM + Overview of FY01 Departmental Capital Budget General Fund & General Fund Match Requests - Admin, CED, Cor, EED, F&G, Gov 2000-02-09 Senate Journal Page 2246 JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS FAHRENKAMP 203 Feb 15 Tuesday 3:30 PM + Approval of Agenda/Minutes, Public Comment, FY01 Budget Review, Executive Session, Public Session, Additional Items OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH 205 Feb 15 Tuesday 12:00 PM Center for Families Feb 29 Tuesday 12:00 PM Key Campaign