Legislature(1999 - 2000)

2000-02-15 Senate Journal

Full Journal pdf

2000-02-15                     Senate Journal                      Page 2299
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                   TWENTY-FIRST LEGISLATURE - SECOND SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                               Thirty-seventh Day                              
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:12 a.m.                                                           
                                                                               
The roll showed eleven members present. Senators Adams, Donley,                
Hoffman, Tim Kelly, Lincoln, Taylor were excused from a call of                
the Senate. Senators Ellis, Leman, Ward were absent.                           
                                                                               
Senator Mackie moved and asked unanimous consent that Senator                  
Ellis be excused from a call of the Senate due to illness. Without             
objection, Senator Ellis was excused.                                          
                                                                               
The prayer was offered by the Chaplain, Pastor Greg Clark of the               
Glacier Valley Baptist Church. Senator Pete Kelly moved and asked              
unanimous consent that the prayer be spread. Without objection, it             
was so ordered.                                                                
                                                                               
Almighty and Everlasting God, we acknowledge that                             
by Your grace we stand here today. It is by Your                               
mercies that we have been refreshed with a night of                            
rest, and we thank You for seeing the light of                                 
another day. We also thank Thee, Lord, for all the                             
opportunities that this day will bring forth. Help us                          
to rise to the occasion and meet those opportunities                           
in Your strength.                                                              
                                                                               
We thank Thee, O Lord, for Your mighty hand and                               
Your sovereign grace upon our nation. You have                                 
blessed us with a multitude of blessings and have                              
caused  our  nation  to excel all others. We take no                           
                                                                               
                                                                               
2299                                                                           

2000-02-15                     Senate Journal                      Page 2300
credit for this, but realize that it would have been                          
impossible without You. Lord, the words of                                     
Benjamin Franklin are true: You govern in the                                  
affairs of men, and if a sparrow cannot fall to the                            
ground without Your notice, is it probable that an                             
empire can rise without Your aid? Your word is                                 
true Lord, Through the Lords mercies we are not                                
consumed, because His compassions fail not. They                               
are new every morning; great is Your faithfulness.                             
(Lamentations 3:22-23)                                                         
                                                                               
You have commanded us as Your people to pray for                              
those in authority. Father, we realize that this is not                        
only a command, but a great and awesome                                        
privilege. I pray for all those in this chamber this                           
morning, and for the issues that they will be                                  
addressing today. May Your Spirit guide their                                  
thoughts and direct their decisions so that everything                         
done here today might be in Your will. Father, I                               
would also pray for their families. May You watch                              
over their families while they are separated from                              
them. Protect them in their absence and remove any                             
anxiety that may be on their hearts at this time so                            
they may be able to focus on the matters at hand.                              
                                                                               
We thank Thee, O Lord, for hearing our prayers and                            
we offer them to You, being assured that You will                              
answer. Forgive us our sins and fill us with Your                              
love this day in Jesus Name we pray.        Amen.                              
                                                                               
Senator Parnell led the Senate in the Pledge of Allegiance.                    
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the                      
journals for the thirty-third through thirty-sixth legislative days be         
approved as certified by the Secretary. Without objection, it was so           
ordered.                                                                       
                                                                               

2000-02-15                     Senate Journal                      Page 2301
                          Standing Committee Reports                         
                                                                               
SB 85                                                                        
Forthcoming fiscal note (page 2271) for the Finance Committee                  
Substitute for SENATE BILL NO. 85 An Act relating to credited                  
service in the public employees retirement system for temporary                
employment published today from Department of Administration.                  
SB 186                                                                       
Fiscal note for SPONSOR SUBSTITUTE FOR SENATE BILL NO.                         
186 An Act relating to the Alaska Higher Education Savings Trust;              
and providing for an effective date (page 2107) published January              
28, 2000 from Department of Revenue.                                           
                                                                               
Forthcoming zero fiscal note (page 2271) for the Finance Committee             
Substitute for SPONSOR SUBSTITUTE FOR SENATE BILL NO.                          
186 published today from Department of Revenue.                                
                                                                               
SB 229                                                                       
The Finance Committee considered SENATE BILL NO. 229 An                        
Act relating to the employment of hearing examiners and mediators              
by the Regulatory Commission of Alaska; repealing a requirement                
that the principal office of the Alaska Oil and Gas Conservation               
Commission move to the same location as the principal office of the            
Regulatory Commission of Alaska; relating to the sharing of record-            
keeping facilities and clerical staff by the two commissions; and              
providing for an effective date and recommended it be replaced                 
with                                                                           
                                                                               
CS FOR SENATE BILL NO. 229(FIN) An Act                                        
relating to the employment of hearing examiners,                               
arbitrators, and mediators by the Regulatory                                   
Commission of Alaska; repealing a requirement that                             
the principal office of the Alaska Oil and Gas                                 
Conservation Commission move to the same location                              
as the principal office of the Regulatory                                      
Commission of Alaska; relating to the sharing of                               
record-keeping facilities and clerical staff by the two                        
commissions; and providing for an effective date.                              
                                                                               

2000-02-15                     Senate Journal                      Page 2302
SB 229                                                                       
Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators               
Green, Pete Kelly, Wilken.                                                     
                                                                               
Zero fiscal note published today from Department of Community and              
Economic Development.                                                          
                                                                               
The bill was referred to the Rules Committee.                                 
                                                                               
SJR 29                                                                        
Forthcoming fiscal note (page 2256) for the Finance Committee                  
Substitute for SENATE JOINT RESOLUTION NO. 29 Proposing                        
amendments to the Constitution of the State of Alaska relating to              
terms of legislators, to special legislative sessions, and to the time of      
convening and length of regular sessions of the legislature, published         
today from Legislative Affairs Agency.                                         
                                                                               
SCR 12                                                                       
The Rules Committee considered SENATE CONCURRENT                               
RESOLUTION NO. 12 Relating to declaring March 2000 as Sobriety                 
Awareness Month. Signing to calendar: Senator Tim Kelly, Chair,                
Senators Miller, Leman, Pearce.                                                
                                                                               
The resolution is on todays calendar.                                          
                                                                               
                                                                               
                         Introduction and Reference of                        
                              Senate Resolutions                              
                                                                               
SCR 15                                                                       
SENATE CONCURRENT RESOLUTION NO. 15 BY SENATOR                                 
LINCOLN,                                                                       
                                                                               
Relating to Alcohol-Related Birth Defects Awareness                           
Weeks.                                                                         
                                                                               
was read the first time and referred to the Health, Education and              
Social Services Committee.                                                     
                                                                               

2000-02-15                     Senate Journal                      Page 2303
SJR 37                                                                       
SENATE JOINT RESOLUTION NO. 37 BY SENATOR DONLEY,                              
                                                                               
Requesting the Municipality of Anchorage to name                              
a trail as the Trent-Waldron Memorial Trail.                                   
                                                                               
was read the first time and referred to the Community and Regional             
Affairs Committee.                                                             
                                                                               
SJR 38                                                                       
SENATE JOINT RESOLUTION NO. 38 BY SENATOR WILKEN,                              
                                                                               
Expressing support for a cooperative United States-                           
Canada feasibility study on extending the North                                
American rail system through British Columbia and                              
the Yukon Territory to Alaska.                                                 
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               
                                                                               
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 271                                                                       
SENATE BILL NO. 271 BY SENATOR TAYLOR, entitled:                               
                                                                               
An Act relating to fees charged for inspections by                            
the Department of Environmental Conservation; and                              
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
SB 272                                                                       
SENATE BILL NO. 272 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
                                                                               

2000-02-15                     Senate Journal                      Page 2304
SB 272                                                                       
An Act eliminating certain taxes under AS 21.09                               
on premiums from the sale of workers                                           
compensation insurance; relating to the                                        
establishment, assessment, collection, and accounting                          
for service fees for state administration of workers                           
compensation and worker safety programs;                                       
establishing civil penalties and sanctions for late                            
payment or nonpayment of the service fee; and                                  
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Labor and Commerce,                
Judiciary and Finance Committees.                                              
                                                                               
Fiscal notes published today from Department of Administration,                
Department of Community and Economic Development, Department                   
of Labor and Workforce Development (2).                                        
                                                                               
Governors transmittal letter dated February 11:                                
                                                                               
Dear President Pearce:                                                         
                                                                               
The states workers compensation and worker safety programs in the              
Department of Labor and Workforce Development provide important                
benefits and services to employees and employers throughout Alaska.            
Successive budget cuts to the department have threatened the                   
viability of these programs to the point that a takeover of the safety         
program by the federal government is a distinct possibility.                   
                                                                               
Federal management of our occupational health and safety program               
is unacceptable to me and to most employers and employees in                   
Alaska. The bill I am introducing changes the way in which these               
programs are funded to ensure these services to Alaskans are put               
back on firm footing.                                                          
                                                                               
These programs are currently paid for with general funds. The costs            
roughly equate to the amount of money the state collects from the              
tax on workers compensation insurance premiums.                                
                                                                               
                                                                               

2000-02-15                     Senate Journal                      Page 2305
SB 272                                                                       
The programs clearly benefit all employers, but only those employers           
who purchase workers compensation insurance are taxed. Larger                  
self-insured employers pay no tax. This bill more equitably spreads            
the cost/benefit structure of worker safety programs by eliminating            
the premium tax and replacing it with a fee for all employers based            
on a percentage of their individual workers compensation claims.               
                                                                               
The fees would be accounted for separately and deposited into a                
worker safety and compensation account. The money in the account               
would be treated as designated program receipts available for                  
appropriation to the workers' compensation and safety programs. The            
bill provides for a four-year phase-in of the fees to minimize the             
impact on those self-insured employers who currently pay no tax.               
The new fee system is designed to raise the same amount of money               
as the current tax. Because the new system would spread costs                  
among more employers, those employers currently paying the                     
premium tax would realize a decrease in their payments.                        
                                                                               
This bill offers a fair, effective way of ensuring continued funding           
for vital worker protection programs. I urge your prompt and                   
favorable action on this measure.                                              
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor                                                                  
                                                                               
SB 273                                                                       
SENATE BILL NO. 273 BY SENATOR PEARCE, entitled:                               
                                                                               
An Act requiring oil discharge prevention and                                 
contingency plans and proof of financial                                       
responsibility for nontank vessels and railroad tank                           
cars; authorizing inspection of nontank vessels and                            
trains; and providing for an effective date.                                   
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               

2000-02-15                     Senate Journal                      Page 2306
SB 274                                                                        
SENATE BILL NO. 274 BY SENATOR ADAMS, entitled:                               
                                                                               
An Act transferring the assets, liabilities, and                              
responsibilities of the Alaska Municipal Bond Bank                             
Authority and of the Alaska Student Loan                                       
Corporation to the Alaska Housing Finance                                      
Corporation; and relating to the Alaska Housing                                
Finance Corporation.                                                           
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                     Second Reading of Senate Resolutions                    
                                                                               
SCR 12                                                                       
SENATE CONCURRENT RESOLUTION NO. 12 was read the                               
second time and was before the Senate on final passage.                        
                                                                               
The question being: Shall SENATE CONCURRENT RESOLUTION                         
NO. 12 Relating to declaring March 2000 as Sobriety Awareness                  
Month, pass the Senate? The roll was taken with the following                  
result:                                                                        
                                                                               
SCR 12                                                                         
Second Reading - Final Passage                                                 
                                                                               
YEAS:  11   NAYS:  0   EXCUSED:  7   ABSENT:  2                              
                                                                               
Yeas:  Elton, Green, Halford, Kelly Pete, Mackie, Miller, Parnell,             
Pearce, Phillips, Torgerson, Wilken                                            
                                                                               
Excused:  Adams, Donley, Ellis, Hoffman, Kelly Tim, Lincoln,                   
Taylor                                                                         
                                                                               
Absent:  Leman, Ward                                                           
                                                                               
and so, SENATE CONCURRENT RESOLUTION NO. 12 passed the                         
Senate and was referred to the Secretary for engrossment.                      

2000-02-15                     Senate Journal                      Page 2307
                                  Citations                                  
                                                                               
Honoring - Darrell J. Thomas                                                   
Representative(s) Williams                                                     
Senator(s) Taylor, Tim Kelly, Pearce, Green, Mackie, Pete Kelly,               
Wilken, Lincoln, Leman                                                         
                                                                               
Senator Mackie moved and asked unanimous consent that the citation             
be adopted. Without objection, the citation was adopted and referred           
to the Secretary for transmittal.                                              
                                                                               
                                                                               
                             Unfinished Business                             
                                                                               
SB 189                                                                       
Senator Wilken moved and asked unanimous consent that his name                 
be withdrawn as a co-sponsor on SENATE BILL NO. 189 An Act                     
relating to the international airports in Anchorage and Fairbanks and          
establishing the Alaska International Airport Authority; and providing         
for an effective date. 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 25. Without objection,           
Senator Halford was excused.                                                   
                                                                               
Senator Mackie moved and asked unanimous consent that he be                    
excused from a call of the Senate from March 15 through 18.                    
Without objection, Senator Mackie was excused.                                 
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               

2000-02-15                     Senate Journal                      Page 2308
                                 Engrossment                                 
                                                                               
SCR 12                                                                       
SENATE CONCURRENT RESOLUTION NO. 12 Relating to                                
declaring March 2000 as Sobriety Awareness Month, was engrossed,               
signed by the President and Secretary and transmitted to the House             
for consideration.                                                             
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., February 16, 2000. Without              
objection, the Senate adjourned at 11:23 a.m.                                  
                                                                               
                                                           Heidi Vogel         
                                               Secretary of the Senate         
                                                                               
                                                         February 2000         

2000-02-15                     Senate Journal                      Page 2309
                                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 16                         Wednesday 1:30 PM                               
	No Meeting Scheduled                                                         
                                                                               
Feb 18                           Friday 1:30 PM                                
	No Meeting Scheduled                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
Feb 15                          Tuesday 9:00 AM                                
+	SB 204EXTEND ALASKA COMMISSION ON AGING                                     
+=	SB 229REGULATORY COMM. OF ALASKA/ AOGCC                                    
+=	HB 112ESTABLISH ALASKA PUBLIC BUILDING FUND                                
	Bills Previously Heard/Scheduled                                             
                                                                               
Feb 16                         Wednesday 9:00 AM                               
	Presentation by AK Tourism Industry                                          
	Association and Marketing Council                                            
	SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP                                  
	Presentation by Annalee McConnell, OMB                                       
                                                                               
Feb 17                          Thursday 9:00 AM                               
+=	SB 123PUBLIC INTEREST LITIGANT: FEES                                       
+=	SB   6DISPOSALS OF STATE LAND                                              
+	Bills Previously Heard/Scheduled                                            
                                                                               
Feb 18                           Friday 9:00 AM                                
	SB 217APPROPRIATIONS: OPERATING BUDGET                                       
	Overview by David Teal, Legislative Finance                                  

2000-02-15                     Senate Journal                      Page 2310
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                                 BUTROVICH 205                                 
Feb 16                         Wednesday 1:30 PM                               
+=	SB 127UNIVERSITY OF ALASKA SCHOLARSHIPS                                    
+	SB 233MEDICAL ASSISTANCE:LIENS & CLAIMS                                     
+	SB 244QUALITY SCHOOL GRANT FUND INCREASE                                    
+	SB 254HEIRLOOM MARRIAGE CERTIFICATES                                        
+	Mental Health Board Presentation: US                                        
	Surgeon Generals Report on Mental Health                                     
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                   BELTZ 211                                   
Feb 16                         Wednesday 1:30 PM                               
+	SB 259THEFT OF IDENTITY                                                     
+	SJR 30REPEAL OF REGULATIONS BY LEGISLATURE                                  
+	Bills Previously Heard/Scheduled                                            
                                                                               
Feb 18                           Friday 1:30 PM                                
	No Meeting Scheduled                                                         
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                                   BELTZ 211                                   
Feb 15                          Tuesday 1:30 PM                                
	No Meeting Scheduled                                                         
                                                                               
Feb 17                          Thursday 1:30 PM                               
	No Meeting Scheduled                                                         
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                                 BUTROVICH 205                                 
Feb 16                         Wednesday 3:00 PM                               
	No Meeting Scheduled                                                         
                                                                               
Feb 18                           Friday 3:00 PM                                
+	SB 194CHILKAT BALD EAGLE PRESERVE                                           
+	SB 252STATE RIGHTS-OF-WAY                                                   
+	SB 255PUB.LAND PERMITS/HEALY-FAIRBANKS INTERTIE                             
+	Bills Previously Heard/Scheduled                                            
                    ----------------------------------------                   
                                                                               
                                                                               

2000-02-15                     Senate Journal                      Page 2311
                                    RULES                                    
                                 FAHRENKAMP 203                                
Feb 16                       Wednesday Upon Recess                             
	HB 222LTD PARTNERSHIPS AND LTD. LIAB. COMPANIES                              
	                  ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                   BELTZ 211                                   
Feb 15                          Tuesday 3:30 PM                                
	-- Meeting Canceled --                                                       
+	SB 231NAMING AK NATIVE VETERANS HONOR BRIDGE                                
+	HB 192PLEDGE OF ALLEGIANCE IN PUBLIC SCHOOLS                                
                                                                               
Feb 17                          Thursday 3:30 PM                               
	No Meeting Scheduled                                                         
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                                 BUTROVICH 205                                 
Feb 15                          Tuesday 1:30 PM                                
	-- Meeting Canceled --                                                       
+	SB 235APPROVING TRANSFER OF RAILROAD LAND                                   
+	EO 101 	RELOCATING HIGHWAY SAFETY PLANNING                                   
	AGENCY FROM DPS TO DOT/PF                                                    
                                                                               
Feb 17                          Thursday 1:30 PM                               
	No Meeting Scheduled                                                         
                                                                               
                                                                               
                            FINANCE SUBCOMMITTEES                            
                                                                               
                                ADMINISTRATION                               
                               SENATE FINANCE 532                              
Feb 15                          Tuesday 1:00 PM                                
	Office of Public Advocacy, Public                                            
	Defender, Leases                                                             
                    ----------------------------------------                   
                                                                               
                       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                                                       
	                                                                             

2000-02-15                     Senate Journal                      Page 2312
                            FINANCE SUBCOMMITTEES                            
                                                                               
                       COMMUNITY & ECONOMIC DEVELOPMENT                      
Feb 29                          Tuesday 12:00 PM                               
	Agenda to be Announced                                                       
                    ----------------------------------------                   
                                                                               
                        EDUCATION & EARLY DEVELOPMENT                        
                               SENATE FINANCE 532                              
Feb 16                         Wednesday 3:30 PM                               
	Pupil Transportation, Impact Aid Funding                                     
	Day Care Assistance & Child Care Grants                                      
                    ----------------------------------------                   
                                                                               
                        LABOR & WORKFORCE DEVELOPMENT                        
                                   BELTZ 211                                   
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 23                         Wednesday 4:00 PM                               
	Joint w/(H) Subcommittee                                                     
	Agenda to be Announced                                                       
                                                                               
Mar 01                         Wednesday 4:00 PM                               
	Joint w/(H) Subcommittee                                                     
	Closeout                                                                     
                    ----------------------------------------                   
                                                                               
                     CAPITAL BUDGET FINANCE SUBCOMMITTEE                     
                               SENATE FINANCE 532                              
Feb 16                         Wednesday 12:00 PM                              
+	Overview of FY01 Departmental Capital                                       
	Budget General Fund and Match Requests:                                      
	HSS, Labor, Mil & Vet Affairs, Natural                                       
	Res, Pub Safety, Rev, Univ, Courts                                           
                                                                               

2000-02-15                     Senate Journal                      Page 2313
                               JOINT COMMITTEES                              
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
Mar 02                         Thursday 12:00 PM                               
	Approval of Minutes, RPLs, Executive                                         
	Session, Audit Reports, Other Business                                       
                    ----------------------------------------                   
                                                                               
                      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