Legislature(1999 - 2000)
2000-01-21 Senate Journal
Full Journal pdf2000-01-21 Senate Journal Page 2027 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Twelfth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:21 a.m. The roll showed eighteen members present. Senators Pete Kelly, Leman were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Richard Green, of the Glacier Valley Church of God. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Father, I come to You with praise and thanksgiving. I exalt You high above all else. I acknowledge You as the source of life, peace, faith, hope and love. From Your throne flow rivers of mercy and grace. Your name is a strong tower where we find refuge, strength and help in the time of trouble. I thank You for Your goodness to all of us. Now Father I pray that out of the riches of Your grace You would bless those assembled here today. I ask that You will meet their collective and individual needs. I ask that You will grant the wisdom and discernment needed so that Your will be done on earth as it is in heaven. Now the grace of the Lord Jesus Christ, and the love of God, and the communion of the Holy Spirit be with you all. (2 Corinthians 13:30) Amen. Senator Adams led the Senate in the Pledge of Allegiance. 2027 2000-01-21 Senate Journal Page 2028 Certification Senator Mackie moved and asked unanimous consent that the journal for the eleventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Communications Disclosure letters were received in accordance with AS 24.60 and will be published in Senate Journal Supplement No. 7 and Senate and House Joint Journal Supplement No. 9. The following Budget and Audit Reports were received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: Department of Administration, Division of Longevity Programs, Alaska Pioneers Home, October 8, 1999 Department of Administration, Alaska Oil and Gas Conservation Commission and Department of Community and Economic Development Regulatory Commission of Alaska, December 7, 1999 Department of Transportation and Public Facilities, Central Region, Homer Gravel Roads Project, October 15, 1999 Introduction and Reference of Senate Bills SB 208 SENATE BILL NO. 208 BY SENATOR WARD, entitled: An Act establishing the Alaska Marine and Rail Transportation Authority; relating to ferries and ferry terminals; relating to the Alaska Railroad Corporation; and providing for an effective date. was read the first time and referred to the Transportation and Finance Committees. 2000-01-21 Senate Journal Page 2029 SB 209 SENATE BILL NO. 209 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the method of payment of fees and adoption of regulations under AS 21; relating to orders under AS 21 regarding risk based capital instructions; relating to accounting standards for insurance companies; amending the definitions of creditable coverage and late enrollees in AS 21.54; relating to requirements for small employer insurers; relating to requirements for issuance of new voting securities by an insurance company; requiring health care insurance coverage for reconstructive surgery following mastectomy; requiring guaranteed renewability of and certification of coverage regarding certain individual health insurance policies; and providing for an effective date. was read the first time and referred to the Labor and Commerce, Health, Education and Social Services and Finance Committees. Zero fiscal note published today from Department of Community and Economic Development. Governors transmittal letter dated January 20: Dear President Pearce: I am transmitting a bill relating to financial regulation of insurance companies and amending the state's 1997 insurance act to comply with federal requirements for health care insurance involving individuals, groups, and small employers. 2000-01-21 Senate Journal Page 2030 SB 209 The bill would amend the insurance code with respect to the accounting standards followed by insurers when reporting annually on their financial condition to the director of the division of insurance. Under the bill, certain statutes related to the reporting of insurance company assets and liabilities are amended to eliminate provisions that are obsolete or that conflict with new accounting standards adopted by the National Association of Insurance Commissioners (NAIC). Existing law requires insurers doing business in this state to adhere to such standards. This also ensures Alaska will maintain its accreditation as a state with effective insurer solvency regulation. With respect to health care insurance, the bill puts Alaska in compliance with the federal Health Insurance Portability and Accountability Act of 1996 requiring guaranteed renewal of individual policies. Although the legislature three years ago passed amendments to the insurance code to conform to this federal law, that legislation relied on covering the market through the existing high-risk pool. But that did not take into consideration those who do not participate in the pool. This bill corrects that omission. In addition, this bill incorporates a 1998 federal mandate under the Women's Health and Cancer Rights Act requiring insurers to cover reconstructive surgery following mastectomies. This bill also includes several clean-up items to correct inadvertent errors and omissions and clarify changes made in the 1997 state law. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor 2000-01-21 Senate Journal Page 2031 SB 210 SENATE BILL NO. 210 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to issuance and sale of revenue bonds to fund drinking water projects, to creation of an Alaska clean water administrative fund and an Alaska drinking water administrative fund, to fees to be charged in connection with loans made from the Alaska clean water fund and the Alaska drinking water fund, and to clarification of the character and permissible uses of the Alaska drinking water fund; amending Rule 3, Alaska Rules of Civil Procedure; and providing for an effective date. was read the first time and referred to the Resources, Judiciary and Finance Committees. Fiscal note published today from Department of Environmental Conservation. Zero fiscal note published today from Department of Revenue. Governors transmittal letter dated January 20: Dear President Pearce: Low-interest state loans from the Alaska Drinking Water Fund and the Alaska Clean Water Fund offer municipalities the means to build drinking water and sewage facility projects. This bill I transmit today will allow the state to use revenue bonds to capitalize the Alaska Drinking Water Fund. Both the Drinking Water and Clean Water funds are capitalized by annual federal grants that require a 20 percent state match. Bond revenues will help provide the state match for federal drinking water project money. But the state is only authorized to sell bonds for the Clean Water Fund. It makes sense to extend this leveraging power to the Drinking Water Fund. 2000-01-21 Senate Journal Page 2032 SB 210 As with existing law, the bill requires the state bond committee to conduct its activities in the best interests of the state, in a manner that will accomplish the most advantageous sale of the bonds. The bill also provides for a new, self-supporting structure to pay for the costs of operating these important loan programs. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor SB 211 SENATE BILL NO. 211 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the membership of the State Board of Registration for Architects, Engineers and Land Surveyors; and providing for an effective date. was read the first time and referred to the Labor and Commerce Committee. Fiscal note published today from Department of Community and Economic Development. Governors transmittal letter dated January 20: Dear President Pearce: In 1998, I signed into law a bill adding a landscape architect to the State Board of Registration for Architects, Engineers and Land Surveyors (board) as a temporary, non-voting position. Since that time, it has become clear the participation of a landscape architect 2000-01-21 Senate Journal Page 2033 SB 211 on the board is important to effective professional licensing and oversight. This bill I transmit today forwards the boards' recommendation to make the landscape architect position a permanent board seat with the same voting and reimbursement privileges as every other board member. As a result of this bill, the board will have 11 members: five engineers, two architects, two land surveyors, one landscape architect and one member of the public. The landscape architect's expertise allows the board to properly assess applicant's qualifications, write appropriate regulations, and make strong disciplinary decisions. The temporary landscape architect board position is due to expire June 30, 2001. I urge your prompt and favorable action on this bill. Sincerely, /s/ Tony Knowles Governor SB 212 SENATE BILL NO. 212 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act authorizing the commissioner of fish and game to award grants for certain resource activities; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. Zero fiscal note published today from Department of Fish and Game. Governors transmittal letter dated January 20: 2000-01-21 Senate Journal Page 2034 SB 212 Dear President Pearce: To continue our efforts to protect and enhance Alaska's natural resources, I am transmitting this bill authorizing the commissioner of the Department of Fish and Game to award grants for certain resource activities. Under this bill, the commissioner would have express authority to directly award grants that serve core missions of the department -- protecting, maintaining, and improving public access to fish, game, and habitat resources of Alaska. Current law necessitates the department to channel money through other agencies which causes delay and adds considerable administrative cost. An increasing amount of federal funding is available to restore fish habitat and passage. We have many opportunities to use these funds, particularly in the more developed areas of the state. Many of these opportunities are found on private land on some of Alaska's most productive fish streams, such as the Kenai River. Since the inception of the Kenai River 50/50 Cost Share project in 1995, the department has approved 160 projects to rehabilitate some 9,600 feet of riverbank and protect more than 15,700 feet of the Kenai River. But more money could have been directly targeted to these projects if we did not have to pay the U.S. Fish and Wildlife Service its 11 percent administrative cost for channeling these funds to the state. Direct grant authority for the department will eliminate the need to use the federal agency in this way. This legislation represents a cost-effective way to continue efforts on private and public land to rehabilitate riverbanks, protect fish streams and enhance access to these areas. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor 2000-01-21 Senate Journal Page 2035 SB 213 SENATE BILL NO. 213 BY SENATOR TIM KELLY, entitled: An Act relating to transportation of members of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force by the Alaska marine highway system and the Alaska Railroad; and relating to the Alaska State Defense Force. was read the first time and referred to the Community and Regional Affairs and Finance Committees. SB 214 SENATE BILL NO. 214 BY SENATORS ELTON, Ellis, entitled: An Act establishing an oil and gas corporate income tax and making conforming amendments; and amending the tax on corporations levied under the Alaska Net Income Tax Act to eliminate the state corporate income tax on taxable income of less than $10,000; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. SB 215 SENATE BILL NO. 215 BY SENATOR ELTON, entitled: An Act increasing the alcoholic beverage tax rate and authorizing appropriation of a portion of the alcoholic beverage tax revenue to municipal revenue sharing programs. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. 2000-01-21 Senate Journal Page 2036 SB 216 SENATE BILL NO. 216 BY SENATOR ELTON, entitled: An Act relating to the distribution of income from the permanent fund; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. Consideration of the Calendar Citations Honoring - Kevin Kempton Senator(s) Pearce, Leman, Ward, Miller, Wilken, Donley, Pete Kelly, Hoffman, Elton, Lincoln, Taylor, Tim Kelly, Green, Mackie, Ellis, Parnell Representative(s) Porter Commemorating - The 75th Anniversary of Noel Wiens Historic Anchorage to Fairbanks Flight Representative(s) Brice Senator(s) Wilken, Leman, Ward, Miller, Donley, Pete Kelly, Hoffman, Elton, Lincoln, Taylor, Tim Kelly, Pearce, Green, Mackie, Ellis, Adams, Phillips, Parnell Honoring - Cec Riordan Representative(s) Bunde Senator(s) Parnell, Leman, Ward, Wilken, Donley, Pete Kelly, Hoffman, Elton, Lincoln, Taylor, Tim Kelly, Pearce, Green, Mackie, Ellis, Phillips Honoring - William Schoephoester Representative(s) Bunde Senator(s) Parnell, Leman, Wilken, Donley, Pete Kelly, Hoffman, Elton, Lincoln, Taylor, Tim Kelly, Pearce, Green, Mackie 2000-01-21 Senate Journal Page 2037 In Memoriam - Bill Lewis Representative(s) Davies, James, Kerttula Senator(s) Wilken, Leman, Miller, Donley, Pete Kelly, Hoffman, Elton, Lincoln, Taylor, Tim Kelly, Pearce, Green, Mackie, Ellis, Parnell 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 Senator Halford moved and asked unanimous consent that he be excused from a call of the Senate on January 24 and 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 morning plane time, January 28 through evening plane time, January 30. Without objection, Senator Mackie was excused. Senator Ellis moved and asked unanimous consent that he be excused from a call of the Senate on January 24 through morning plane time. Without objection, Senator Ellis was excused. Announcements Announcements are at the end of the journal. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 24, 2000. Without objection, the Senate adjourned at 11:29 a.m. Heidi Vogel Secretary of the Senate January 2000 2000-01-21 Senate Journal Page 2038 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 Jan 21 Friday 1:30 PM No Meeting Scheduled Jan 24 Monday 1:30 PM No Meeting Scheduled Jan 26 Wednesday 1:30 PM No Meeting Scheduled Jan 28 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SENATE FINANCE 532 Jan 21 Friday 9:00 AM += SB 1NO MANDATORY PAROLE RELEASE WITHOUT GED += SB 85CREDITED SERVICE FOR TEMP EMPLOYEES:PERS += SB 123PUBLIC INTEREST LITIGANT: FEES Jan 24 Monday 9:00 AM Overview by Division of Leg Audit Pat Davidson, Legislative Auditor Jan 25 Tuesday 9:00 AM Dept of Health & Soc Svcs, Div of Public Asst - Review of FY99 and FY00 Programs and Results 2000-01-21 Senate Journal Page 2039 FINANCE Jan 26 Wednesday 9:00 AM Review of Depts Accomplishments for FY99 and FY00 - Dept of Public Safety, Dept of Corrections Jan 27 Thursday 9:00 AM Review of Depts Accomplishments for FY99 and FY00 - Dept of Health & Soc Services Jan 28 Friday 9:00 AM Review of Depts Accomplishments for FY99 and FY00 - Dept of Fish & Game, Dept of Transportation & Public Facilities Feb 03 Thursday 9:00 AM Joint w/(H) Finance Presentation on UAS by President Mark Hamilton ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Jan 24 Monday 1:30 PM HB 226CREDITED SERVICE FOR ON-THE-JOB INJURIES + SB 186COLLEGE TUITION SAVINGS PLAN Jan 26 Wednesday 1:30 PM = HB 37SMOKING CESSATION AND EDUCATION PROGRAMS Bills Previously Heard/Scheduled Jan 31 Monday 1:30 PM = SB 61TEACHERSLICENSES, DISCIPLINE & ETHICS Bills Previously Heard/Scheduled Feb 02 Wednesday 1:30 PM AK Indep Living Council Presentation SB 204EXTEND ALASKA COMMISSION ON AGING ---------------------------------------- 2000-01-21 Senate Journal Page 2040 JUDICIARY BELTZ 211 Jan 21 Friday 1:30 PM += SJR 28CONST AM: APPROPRIATION LIMIT -- Rescheduled From 1/19/00 -- += SJR 27CONST. AM: REVISIONS OF CONSTITUTION -- Rescheduled From 1/19/00 -- += SJR 29DURATION OF REGULAR LEGISLATIVE SESSION -- Rescheduled From 1/19/00 -- + Bills Previously Heard/Scheduled Jan 24 Monday 1:30 PM + HJR 7CONST AM: INITIATIVE/REFERENDUM PETITIONS + HB 45INITIATIVE/REFERENDUM PETITIONS + HB 3DRUGS: POSSESSION OF LISTED CHEMICALS + Bills Previously Heard/Scheduled Jan 26 Wednesday 1:30 PM + SJR 32CONST. AM: ELECTED ATTORNEY GENERAL += SJR 14ELECTION OF ATTORNEY GENERAL + Bills Previously Heard/Scheduled Jan 28 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 Jan 25 Tuesday 1:30 PM = SB 176SEX DISCRIMINATION IN HEALTH CLUBS Jan 27 Thursday 1:30 PM No Meeting Scheduled ---------------------------------------- RESOURCES BUTROVICH 205 Jan 21 Friday 3:00 PM -- Meeting Postponed -- Status Report: Katie John Case/Fed Reserve Water Rights Jan 24 Monday 3:00 PM -- Meeting Cancelled -- Agenda to be Announced 2000-01-21 Senate Journal Page 2041 RESOURCES Jan 26 Wednesday 2:00 PM SENATE FINANCE 532 -- Location and Time Change -- Joint w/(H) Resources Status Report: Katie John Case/Fed Res Water Rights (Rescheduled from 1/21/00) Bills Previously Heard/Scheduled Jan 28 Friday 3:00 PM Agenda to be Announced ---------------------------------------- STATE AFFAIRS BELTZ 211 Jan 25 Tuesday 3:30 PM No Meeting Scheduled Jan 27 Thursday 3:30 PM SB 196MUNICIPAL PLANNING COMMISSION SJR 26CONST. AM: EDUCATION FUND ---------------------------------------- TRANSPORTATION BUTROVICH 205 Jan 25 Tuesday 1:30 PM No Meeting Scheduled Jan 27 Thursday 1:30 PM SB 189INTERNATIONAL AIRPORT AUTHORITY SB 203METROPOLITAN PLANNING ORGANIZATIONS SB 208RAILROAD AND FERRY AUTHORITY FINANCE SUBCOMMITTEES ADMINISTRATION SENATE FINANCE 532 Jan 25 Tuesday 1:00 PM -- Rescheduled from 1/20/00 at 1:30 pm -- Department of Administration FY00 Budget Missions and Measures ---------------------------------------- 2000-01-21 Senate Journal Page 2042 FINANCE SUBCOMMITTEES COMMUNITY & ECONOMIC DEVELOPMENT FAHRENKAMP 203 Jan 21 Friday 8:30 AM Joint w/(H) Subcommittee Jan 28 Friday 8:30 AM Joint w/(H) Subcommittee ---------------------------------------- EDUCATION & EARLY DEVELOPMENT SENATE FINANCE 532 Jan 24 Monday 3:30 PM Department of Education FY00 Budget Department Missions and Measures ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 Jan 24 Monday 1:00 PM Missions and Measures ---------------------------------------- HEALTH & SOCIAL SERVICES SENATE FINANCE 532 Jan 27 Thursday 1:00 PM Missions and Measures, Dept of Health and Social Svcs; Divs of Admin Svcs, Public Asst, Public Health, and Alcoholism and Drug Abuse ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT SENATE FINANCE 532 Jan 27 Thursday 12:00 PM Joint w/(H) Subcommittee Missions/Measures & FY00 Budget Feb 03 Thursday 12:00 PM Joint w/(H) Subcommittee FY00 Budget ---------------------------------------- 2000-01-21 Senate Journal Page 2043 FINANCE SUBCOMMITTEES MILITARY AND VETERANS AFFAIRS SENATE FINANCE 532 Feb 09 Wednesday 4:00 PM Joint w/(H) Military & Veterans Affairs Agenda to be Announced Feb 23 Wednesday 4:00 PM Joint w/(H) Military & Veterans Affairs Agenda to be Announced Mar 01 Wednesday 4:00 PM Joint w/(H) Military & Veterans Affairs Closeout ---------------------------------------- REVENUE SENATE FINANCE 532 Jan 26 Wednesday 1:00 PM Missions and Measures JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW BUTROVICH 205 Jan 25 Tuesday 1:30 PM + Department of Natural Resources Repeal of RS 2477 Rights-of-way Easement Certifications, Easement Regulations ---------------------------------------- SPECIAL COMMITTEE ON MERGERS SENATE FINANCE 532 Jan 24 Monday 4:00 PM Proposed BP/Arco Merger