Legislature(1999 - 2000)

2000-02-18 Senate Journal

Full Journal pdf

2000-02-18                     Senate Journal                      Page 2343
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                   TWENTY-FIRST LEGISLATURE - SECOND SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                 Fortieth  Day                                 
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:15 a.m.                                                           
                                                                               
The roll showed seventeen members present. Senators Donley,                    
Hoffman, Taylor were excused from a call of the Senate.                        
                                                                               
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.                                                                
                                                                               
Lord, as we offer this prayer at the end of our morning and                   
the end of the week, we reflect on the words of King David                     
who said, Yours, O Lord, is the greatness, the power and                       
the glory, the victory and the majesty; For all that is in                     
Heaven and in earth is Yours; Yours is the kingdom, O                          
Lord, and You are exalted as head over all. Both riches and                    
honor come from You, and You reign over all. In Your                           
hand is power and might; In Your hand it is to make great                      
and to give strength to all. Now, therefore, our God, we                       
thank You and praise Your glorious name.                                       
(1Chronicles 29:11-13)                                                        
                                                                               
We thank You Lord, that You look down and see our                             
hearts, and as someone has rightly said, it is better to have                  
a heart without words than words without heart. Therefore,                     
from our hearts we ask You to give us grace to serve You                       
today and to walk according to Your precepts. Strengthen us                    
for our duties, direct us in our difficulties, and comfort us                  
in any adversity that we may encounter this day. Father help                   
us to increase our trust and confidence in You and                             
strenghten our faith in the great promises of Your gospel.                     
                                                                               
                                      2343                                     

2000-02-18                     Senate Journal                      Page 2344
Father, we bring before You the needs of this body today.                     
We thank You for our Senators and every district that they                     
represent. Give them wisdom as they provide leadership in                      
our government, and supply them with discernment when                          
they have to grapple with difficult and complex issues. We                     
pray that You would bless our governor and all of our                          
legislators with understanding and knowledge that comes                        
from You.                                                                      
                                                                               
Lord, I thank You for the opportunity for being in this                       
chamber this week. I pray that this weekend we will be able                    
to have some quality time with our spouses, children and                       
friends. But most of all, Father, help us to have some                         
quality time with You as we go to our places of worship.                       
We ask this in the blessed Name of Your Son and our only                       
Savior, Jesus Christ.                                   Amen.                  
                                                                               
Senator Ellis led the Senate in the Pledge of Allegiance.                      
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the journal              
for the thirty-ninth 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 17 was received, stating the monetary terms for the             
collective bargaining agreement reached between the State and the              
Alyeska Central School Education Association in accordance with AS             
23.40.215.                                                                     
                                                                               
President Pearce referred the report to the Finance Committee.                 
                                                                               
                                                                               

2000-02-18                     Senate Journal                      Page 2345
                          Standing Committee Reports                         
                                                                               
SB 254                                                                       
Forthcoming Health, Education and Social Services Committee                    
Substitute (page 2329) for SENATE BILL NO. 254 An Act relating                 
to heirloom certificates of marriage was received today.                       
                                                                               
                                                                               
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 278                                                                       
SENATE BILL NO. 278 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act relating to the Alaska Workers                                         
Compensation Act, including the weekly rate of                                 
compensation and minimum and maximum                                           
compensation rates, specifying components of a                                 
reemployment plan, adjusting benefits for permanent                            
partial impairment, for reemployment plans, for                                
rehabilitation benefits, for widows, widowers and                              
orphans, and for funerals, calculation of gross                                
weekly earnings for seasonal and temporary workers                             
and for workers with overtime or premium pay,                                  
setting time limits for requesting a hearing or                                
rehabilitation benefits, setting time limits for claims                        
for compensation and for the rehabilitation process,                           
setting time limits for payment of medical bills,                              
waiver of rehabilitation benefits, obtaining medical                           
releases and resolving discovery disputes, setting an                          
interest rate for late compensation, and providing for                         
updating the medical fee schedule; and providing for                           
an effective date.                                                             
                                                                               
was read the first time and referred to the Labor and Commerce and             
Finance Committees.                                                            
                                                                               
Fiscal notes published today from Department of Administration,                
Department of Labor and Workforce Development.                                 
                                                                               

2000-02-18                     Senate Journal                      Page 2346
SB 278                                                                       
Governors transmittal letter dated February 11:                                
                                                                               
Dear President Pearce:                                                         
                                                                               
Periodically the Alaskas Workers Compensation Act has been                     
amended to keep pace with changing conditions and to ensure that               
our program is fair and efficient. It has been 12 years since                  
significant changes have been enacted. The bill I am introducing               
contains further changes to the Act which have been recommended                
by the Workers' Compensation Ad Hoc Committee, represented by                  
both employers and employees, to reflect the effects of inflation on           
benefits, recent court decisions and more efficient ways of handling           
our workers compensation program.                                              
                                                                               
Included in the changes are increases in benefits paid to injured              
workers, benefits that have lost value to inflation over the past 12           
years. The bill also addresses Alaska Supreme Court decisions as to            
what benefits should be paid during the rehabilitation process and             
what the timeframe should be for requests for claim hearings.                  
                                                                               
Other changes would streamline the rehabilitation process, the signing         
of medical releases, and the dispute resolution process. Benefits              
would be increased for workers in the retraining process and new               
timelines set for the payment of medical bills. Provisions would               
update the wage benchmarks to which benefits are tied.                         
                                                                               
The changes in this bill have been endorsed by employee and                    
employer representatives and provide for a more efficient and                  
equitable workers compensation system. I urge your prompt and                  
favorable action.                                                              
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor                                                                  
                                                                               
                                                                               

2000-02-18                     Senate Journal                      Page 2347
                        Consideration of the Calendar                        
                                                                               
                                  Citations                                  
                                                                               
Honoring - Colonel Anthony M. Coroalles, Garrison Commander                    
Representative(s) Mulder                                                       
Senator(s) Phillips, Wilken, Pete Kelly, Mackie, Green, Pearce, Tim            
Kelly, Taylor, Elton, Donley, Lincoln, Parnell, Leman                          
                                                                               
Honoring - National DECA Week and Alaskas Officers                             
Representative(s) Hudson, Kerttula                                             
Senator(s) Elton, Phillips, Wilken, Pete Kelly, Mackie, Green, Pearce,         
Tim Kelly, Taylor, Donley, Lincoln, Parnell, Leman                             
                                                                               
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                             
                                                                               
                       Reconsideration of Senate Bills                       
                                                                               
SB 186                                                                       
Senator Tim Kelly requested that the reconsideration on CS FOR                 
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 186(FIN) be                             
taken up. The bill was before the Senate on reconsideration.                   
                                                                               
The question to be reconsidered: Shall CS FOR SPONSOR                          
SUBSTITUTE FOR SENATE BILL NO. 186(FIN) An Act relating                        
to a University of Alaska postsecondary education savings program,             
to the Alaska Higher Education Savings Trust, and to the Alaska                
advance college tuition savings fund; and providing for an effective           
date pass the Senate? The roll was taken with the following result:            
                                                                               
                                                                               

2000-02-18                     Senate Journal                      Page 2348
SB 186                                                                       
                                                                               
CS SSSB 186(FIN)                                                               
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Adams, Ellis, Elton, Green, Halford, Kelly Pete, Kelly Tim,             
Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson,          
Ward, Wilken                                                                   
                                                                               
Excused:  Donley, Hoffman, Taylor                                              
                                                                               
and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL                              
NO. 186(FIN) passed the Senate on reconsideration.                             
                                                                               
Senator Mackie moved and asked unanimous consent that the vote                 
on the passage of the bill be considered the vote on the effective             
date clause. Without objection, it was so ordered and the bill was             
referred to the Secretary for engrossment.                                     
Senator Leman moved and asked unanimous consent that he be                     
excused from a call of the Senate on February 21. Without objection,           
Senator Leman was excused.                                                     
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 Engrossment                                 
                                                                               
SB 186                                                                       
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                  
186(FIN) An Act relating to a University of Alaska postsecondary               
education savings program, to the Alaska Higher Education Savings              
Trust, and to the Alaska advance college tuition savings fund; and             
providing for an effective date was engrossed, signed by the                   
President and Secretary and transmitted to the House for                       
consideration.                                                                 

2000-02-18                     Senate Journal                      Page 2349
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., February 21, 2000. Without              
objection, the Senate adjourned at 11:31 a.m.                                  
                                                                               
                                                           Heidi Vogel         
                                               Secretary of the Senate         
                                                                               
                                                         February 2000         

2000-02-18                     Senate Journal                      Page 2350
                                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 18                           Friday 1:30 PM                                
	No Meeting Scheduled                                                         
                                                                               
Feb 21                           Monday 1:30 PM                                
	No Meeting Scheduled                                                         
                                                                               
Feb 23                         Wednesday 1:30 PM                               
	No Meeting Scheduled                                                         
                                                                               
Feb 24                          Thursday 8:00 AM                               
                                  CAPITOL 124                                  
	-- Location and Time Change --                                               
	Joint w/(H)                                                                  
	Local Boundary Commission Annual Report                                      
                                                                               
Feb 25                           Friday 1:30 PM                                
	No Meeting Scheduled                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
Feb 18                           Friday 9:00 AM                                
	SB 217APPROPRIATIONS: OPERATING BUDGET                                       
	Overview by David Teal, Legislative Finance                                  
                                                                               
Feb 21                           Monday 9:00 AM                                
=	SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP                                 
	Department of Law                                                            
                                                                               

2000-02-18                     Senate Journal                      Page 2351
                                   FINANCE                                   
Feb 22                          Tuesday 9:00 AM                                
+	EO 101   RELOCATE HIGHWAY SAFETY PLANNING                                    
	AGENCY FROM DPS TO DOT/PF                                                    
+=	SB 123PUBLIC INTEREST LITIGANT: FEES                                       
+	SB 193COLLECTION OF UNPAID WAGES                                            
+	Bills Previously Heard/Scheduled                                            
                                                                               
Feb 23                         Wednesday 9:00 AM                               
+=	SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP                                
	Courts, Corrections, Fish & Game,                                            
	Envir Conservation, Admin, Ed & Early Dev                                    
                                                                               
Feb 24                          Thursday 9:00 AM                               
+=	SB 111PIONEERS HOME RECEIPTS                                               
+=	SB   6DISPOSALS OF STATE LAND                                              
+	Bills Previously Heard/Scheduled                                            
                                                                               
Feb 25                           Friday 9:00 AM                                
+=	SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP                                
	Health & Soc Svcs, Mil & Vet Affairs,                                        
	Natural Res, Public Safety                                                   
                                                                               
Feb 28                           Monday 9:00 AM                                
=	SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP                                 
	Revenue, DOT/PF, University                                                  
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                                 BUTROVICH 205                                 
Feb 21                           Monday 1:30 PM                                
	SB 191APPROPRIATIONS: MENTAL HEALTH                                          
+	SB 256PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE                             
	SCR 15ALCOHOL-RELATED BIRTH DEFECTS AWARENESS                                
                                                                               
Feb 23                         Wednesday 1:30 PM                               
+	SB 228PUBLIC SCHOOL CONSTR/MAINTENANCE FUNDING                              
+	SB 224CONFIDENTIALITY OF CINA HEARINGS & RECORD                             
	AK Commission on Aging                                                       
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                   BELTZ 211                                   
Feb 18                           Friday 1:30 PM                                
	No Meeting Scheduled                                                         
                                                                               

2000-02-18                     Senate Journal                      Page 2352
                                  JUDICIARY                                  
Feb 21                           Monday 1:30 PM                                
+=	SB 259THEFT OF IDENTITY                                                    
+=	SJR 30REPEAL OF REGULATIONS BY LEGISLATURE                                 
+	Bills Previously Heard/Scheduled                                            
                                                                               
Feb 23                         Wednesday 1:30 PM                               
+	SB 268MANDATORY 99-YEAR TERM OF IMPRISONMENT                                
	Bills Previously Heard/Scheduled                                             
                                                                               
Feb 25                           Friday 1:30 PM                                
	No Meeting Scheduled                                                         
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                                   BELTZ 211                                   
Feb 22                          Tuesday 1:30 PM                                
	SJR 34CONFIRMATION OF BD MANAGING PERM FUND                                  
                                                                               
Feb 24                          Thursday 1:30 PM                               
	No Meeting Scheduled                                                         
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                                 BUTROVICH 205                                 
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                                            
                                                                               
Feb 21                           Monday 3:00 PM                                
+	SB 175STATE MINING LAW                                                      
+	SB 226STRANDED GAS PIPELINE CARRIERS                                        
+	HCR  9TAKE A KID HUNTING WEEK                                               
+	SB 273OIL SPILL RESPONSE; NONTANK VESSELS & RR                              
+	Bills Previously Heard/Scheduled                                            
                                                                               
Feb 23                         Wednesday 2:30 PM                               
                               SENATE FINANCE 532                              
	-- Location and Time Change --                                               
	Joint w/(H)                                                                  
	Briefing:  McGrath Wildlife Management                                       
                                                                               
Feb 25                           Friday 3:00 PM                                
	No Meeting Scheduled                                                         

2000-02-18                     Senate Journal                      Page 2353
                                    RULES                                    
                                 FAHRENKAMP 203                                
Feb 18                          Friday 11:30 AM                                
	SJR 27CONST. AM: REVISIONS OF CONSTITUTION                                   
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                   BELTZ 211                                   
Feb 22                          Tuesday 3:30 PM                                
=	SB 231NAMING AK NATIVE VETERANS HONOR BRIDGE                                
=	HB 192PLEDGE OF ALLEGIANCE IN PUBLIC SCHOOLS                                
	SB 236POW/MIA DAY & WOMEN VETERANS DAY                                       
                                                                               
Feb 24                          Thursday 3:30 PM                               
	HB 133VOTER APPROVAL OF SERVICE AREA CHANGES                                 
	SB 262DISABLED PLATES FOR LEASED VEHICLES                                    
	Confirmation Hearing:  APOC - Jacobson                                       
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                                 BUTROVICH 205                                 
Feb 22                          Tuesday 1:30 PM                                
=	SB 235APPROVING TRANSFER OF RAILROAD LAND                                   
	SJR 38ALASKA CANADA RAIL FEASIBILITY STUDY                                   
	EO 101   RELOCATE HIGHWAY SAFETY PLANNING                                     
	AGENCY FROM DPS TO DOT/PF                                                    
                                                                               
Feb 24                          Thursday 1:30 PM                               
	No Meeting Scheduled                                                         
                                                                               
                            FINANCE SUBCOMMITTEES                            
                                                                               
                                ADMINISTRATION                               
                               SENATE FINANCE 532                              
Feb 22                          Tuesday 1:00 PM                                
	Leases, Alaska Longevity Programs                                            
                    ----------------------------------------                   
                                                                               
                       COMMUNITY & ECONOMIC DEVELOPMENT                      
                                   BELTZ 211                                   
Feb 22                          Tuesday 12:00 PM                               
	Agenda to be Announced                                                       
	                                                                             
Feb 29                          Tuesday 12:00 PM                               
	Agenda to be Announced                                                       
                    ----------------------------------------                   

2000-02-18                     Senate Journal                      Page 2354
                            FINANCE SUBCOMMITTEES                            
                        EDUCATION & EARLY DEVELOPMENT                        
                               SENATE FINANCE 532                              
Feb 21                           Monday 3:30 PM                                
	-- Rescheduled from 2/16/00 --                                               
	Pupil Transportation, Impact Aid Funding,                                    
	Day Care Assistance and Child Care Grants                                    
                    ----------------------------------------                   
                                                                               
                          ENVIRONMENTAL CONSERVATION                         
                               SENATE FINANCE 532                              
Feb 23                         Wednesday 3:00 PM                               
	Water Quality Program                                                        
                    ----------------------------------------                   
                                                                               
                        LABOR & WORKFORCE DEVELOPMENT                        
                                   BELTZ 211                                   
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                               
	-- Meeting Canceled --                                                       
	Joint w/(H) Subcommittee                                                     
	Agenda to be Announced                                                       
                                                                               
Mar 01                         Wednesday 4:00 PM                               
	Joint w/(H) Subcommittee                                                     
	Closeout                                                                     
                    ----------------------------------------                   
                                                                               
                              NATURAL RESOURCES                              
                                 BUTROVICH 205                                 
Feb 24                          Thursday 4:00 PM                               
	Joint w/(H) Subcommittee                                                     
                    ----------------------------------------                   
                                                                               
                                                                               

2000-02-18                     Senate Journal                      Page 2355
                            FINANCE SUBCOMMITTEES                            
                                   REVENUE                                   
                               SENATE FINANCE 532                              
Feb 22                          Tuesday 2:30 PM                                
	Supplemental Budget Requests:  Div of Oil                                    
	& Gas, Child Support Enforcement                                             
                    ----------------------------------------                   
                                                                               
                     CAPITAL BUDGET FINANCE SUBCOMMITTEE                     
                               SENATE FINANCE 532                              
Feb 22                          Tuesday 4:30 PM                                
	-- Rescheduled to 2/23/00 --                                                 
	DOT FY01 General Fund & Match Request                                        
	Overview of SB223 - Transportation                                           
	Revenue Anticipation Bonds                                                   
                                                                               
Feb 23                         Wednesday 4:30 PM                               
	-- Rescheduled from 2/22/00 --                                               
	DOT FY01 General Fund & Match Request                                        
	Overview of SB223 - Transportation                                           
	Revenue Anticipation Bonds                                                   
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                        CONFERENCE COMMITTEE ON SB 101                       
                                 BUTROVICH 205                                 
Feb 21                           Monday 9:30 AM                                
=	SB 101DISASTERS: DEFINITION & FUND                                          
                    ----------------------------------------                   
                                                                               
                       ADMINISTRATIVE REGULATION REVIEW                      
                                  CAPITOL 102                                  
Feb 24                          Thursday 1:00 PM                               
+	Dept of Natural Resources - Easements and                                   
	Rights-of-Way                                                                
                    ----------------------------------------                   
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
Mar 02                         Thursday 12:00 PM                               
	Approval of Minutes, RPLs, Executive                                         
	Session, Audit Reports, Other Business                                       
                    ----------------------------------------                   
                                                                               
                                                                               

2000-02-18                     Senate Journal                      Page 2356
                         SPECIAL COMMITTEE ON MERGERS                        
                                 BUTROVICH 205                                 
Feb 24                          Thursday 1:00 PM                               
	Proposed BP/ARCO Merger                                                      
                                                                               
                                OTHER MEETINGS                               
                                                                               
                               CHILDRENS CAUCUS                              
                                 BUTROVICH 205                                 
Feb 29                          Tuesday 12:00 PM                               
	Key Campaign                                                                 
                    ----------------------------------------                   
                                                                               
                                JOINT SESSION                                
                                 HOUSE CHAMBER                                 
Mar 08                         Wednesday 11:00 AM                              
	State of the Judiciary Message from                                          
	Chief Justice Warren Matthews