MINUTES SENATE FINANCE COMMITTEE May 4, 1999 9:32 AM TAPES SFC-99 # 120, Sides A and B CALL TO ORDER Co-Chair Torgerson convened the meeting at approximately 9:32 A.M. PRESENT In addition to Co-chair Torgerson, Senators Sean Parnell, Dave Donley, Loren Leman, Gary Wilken, Pete Kelly, Lyda Green, Randy Phillips and Al Adams were present when the meeting was convened. Also Attending: DOUG SALIK, staff to Senator Tim Kelly; BOB KROGSENG, staff to Senator Robin Taylor; DENNIS POSHARD; Legislative Liaison, Office of the Commissioner, Department of Transportation and Public Facilities; NANCY SLAGLE; Director, Division of Administrative Services, Department of Transportation and Public Facilities; KURT PARKAN; Deputy Commissioner, Department of Transportation and Public Facilities; WILLIAM CUMMINGS, Assistant Attorney General, Transportation Section, Civil Division Juneau, Department of Law; aides to committee members and other members of the Legislature. Attending via Teleconference: DAN BOCKHORST, Local Boundary Commissioner from Anchorage. SUMMARY INFORMATION Co-chair Torgerson reconvened the meeting at approximately 9:35 a.m. He asked Senator Donley to walk the committee through the new CS for SB 135 "H" version. His amendments were incorporated into this version. SENATE BILL NO. 135 "An Act relating to the membership of a metropolitan highway planning organization." Senator Donley said the bill was sponsored by the Transportation Committee. He explained the reduction to the appointees by the Governor to one. Also added was a deadline for AMATS to report to the Legislature. Last year they reported too late, after the capital budget was put out. Senator Donley MOVED CSSB 135() "H". Senator Adams OBJECTED. He stated for the record that he would like to see someone from the Department of Environmental Conservation to be part of the voting block. Senator Adams REMOVED his objection. WITHOUT OBJECTION CSSB 135() "H" was adopted as the working draft before the committee. DENNIS POSHARD, Department of Transportation and Public Facilities was invited to join the committee. He explained that the Department of Environmental Conservation signed an agreement. The Department of Transportation and Public Facilities was unclear as to what the bill was trying to solve. Senator Phillips asked Mr. Poshard if he lived in Juneau or not. He said he did not feel this situation was working out. The Department of Transportation did not want to release any control of the process. He said he was going to send a schedule of the AMATS meetings and ask him to attend. His biggest concern was that individuals were taking time off from work and meetings were then being cancelled. Perhaps the structure should be looked at and fixed. Senator Donley said he was trying to correct this matter. Policy meetings go on forever and then no decision was made. Co-chair Torgerson said he would entertain a motion to change the fiscal note for the Department of Environmental Conservation to zero. Senator Donley so MOVED. BILL CUMMINGS, Assistant Attorney General, Transportation Section, Civil Division, Department of Law was invited to join the committee. Senator Donley MOVED to adopt a Senate Finance Committee fiscal note in place of the Department of Environmental Conservation one to zero. WITHOUT OBJECTION it was ADOPTED. Mr. Cummings continued his testimony. The Department of Law believes this legislation is unconstitutional. Senator Leman commented briefly. He suggested the Department of Law go back and research the matter. Co-chair Torgerson refused response by Mr. Cummings. Senator Green asked about Legislative appointees. Perhaps they should be changed too. Senator Donley MOVED CSSB 135(FIN) with accompanying fiscal note and new Senate Finance fiscal note in the amount of zero (for the Department of Environmental Conservation) and WITHOUT OBJECTION it was REPORTED OUT with individual recommendations and accompanying fiscal notes from the Department of Transportation and Public Facilities in the amount of zero and Senate Finance Committee fiscal note in the amount of zero for the Department of Environmental Conservation. Co-chair Torgerson called SB 139. SENATE BILL NO. 139 "An Act relating to the labeling of fish and fisheries products as farmed, or wild or natural." BOB KROGSENG, staff to Senator Robin Taylor was invited to join the committee and explained the sponsor statement. Senator Parnell asked if there was a public policy labelling farmed fish, natural or wild? Mr. Krogseng explained, for instance, the difference in "Petersburg" shrimp. "Farmed shrimp coming from overseas are not quality. They have a very musty, old taste." Senator Green comments. She explained "wildstock" term. She asked who does the inspection and enforcement; who does the control? "This is not a retailer friendly bill." She indicated that she saw no reason to support the bill. Senator Leman referred to the "no smoking" sign in the committee room. Even though the Department of Environmental Conservation has not collected the $50, and probably never will, it was still a constraint. It was his suggestion that the consumer "ought to know". Senator Parnell commented and said he was flabbergasted that the committee was even hearing the bill. Senator P. Kelly said perhaps it should be called an "Act related to buggy whips". Co-chair Torgerson SET ASIDE SB 139. He then called SB 156. SENATE BILL NO. 156 "An Act relating to municipal incorporation, to reclassification of cities, to municipal boundary changes, and to dissolution of municipalities." DOUG SALIK, staff to Senator Tim Kelly was invited to join the committee. He deferred to Dan Bockhorst, Local Boundary Commission in Anchorage. DAN BOCKHORST, Local Boundary Commission testified via teleconference from Anchorage. He urged the committee to support the bill and said he would be happy to answer any questions the committee may have. Senator Adams MOVED SB 156 and WITHOUT OBJECTION it was REPORTED OUT with individual recommendations and zero fiscal notes. Co-chair Torgerson called SB 10. SENATE BILL NO. 10 "An Act relating to an optional exemption from municipal property taxes for recreational facilities." SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10 "An Act requiring a utility that provides services in a municipality with a population of more than 100,000 to have an ongoing program of placing existing overhead utility lines underground; and relating to rates for recovering the cost of placing existing overhead utility lines underground." Senator Donley explained the work draft "S" dated 5/3/99. He referred briefly to page 2, lines 7 and 8. He made a technical correction on page 2, line 4 to delete "retail". He MOVED CSSSSB10() "S" with the deletion on page 2, line 4 "retail". WITHOUT OBJECTION it was ADOPTED as the working draft with the deletion on page 2, line 4, "retail". Senator Green said, however, she would not be supporting this piece of legislation. She indicated that it was not up to this body to tell the City of Anchorage how to handle their city matters. Senator Adams said he was supporting the bill because it was only limited to Anchorage. Senator Kelly asked if there were any benefits to being on the Anchorage assembly. Senator Green reminded Senator Adams that they were only one word away from being included in legislation. Senator Adams responded. It included numbers. Co-chair Torgerson said he was reluctant to change the fiscal note without the Public Utilities Commission seeing the bill. Senator Donley offered further brief comments. Co-chair Torgerson HELD the bill in committee pending the Public Utilities Commission seeing the bill and checking their fiscal note. Co-chair Torgerson called SCR 8. SENATE CONCURRENT RESOLUTION NO. 8 Creating the Long-Term Care Task Force of 1999. Senator Wilken briefly explained the resolution. He then MOVED SCR 8 and WITHOUT OBJECTION it was REPORTED OUT with individual recommendations and accompanying fiscal note from LAA/Leg. Council in the amount of $15.7. ADJOURNED Co-chair Torgerson recessed at approximately 10:35 a.m. SFC-99 -6- 05/04/99 an