Legislature(1999 - 2000)
2000-02-02 Senate Journal
Full Journal pdf2000-02-02 Senate Journal Page 2155 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Twenty-fourth Day Pursuant to adjournment the Senate was called to order by President pro tempore Mackie at 11:09 a.m. The roll showed seventeen members present. Senators Halford, Pete Kelly, Pearce were excused from a call of the Senate. Senator Green requested that the Senate observe a moment of silence for Kerry Brookman of Palmer: We were saddened today to learn of the death of Kerry Brookman, a resident of the Mat-Su Valley and an employee of the Alaska Railroad for twenty- one years. The avalanche that caused his death occurred in an area where there had been a huge accumulation of snow. I would like for us to remember his family, friends and fellow employees, and hold them in our prayers. The Senate observed a moment of silence. The prayer was offered by the Chaplain, Reverend Johnny Reimer of the Douglas Island Bible Church. Senator Hoffman moved and asked unanimous consent that Senator Greens words and the prayer be spread. Without objection, it was so ordered. Let us pray: Our God and Our Heavenly Father, today we especially remember the Brookman Family. We ask that You would provide them peace, safety and joy in their hearts even in the midst of difficulty and trouble. 2155 2000-02-02 Senate Journal Page 2156 We thank You today that although You are holy, just and righteous, You are also a God of mercy and grace. We are grateful for Your generous supply of grace and mercy toward us. Open the eyes of our souls so we may clearly see Your good hand upon us daily. We admit that our sins and failures are more numerous and frequent than we are willing to admit. Help us, however, to remember that when we acknowledge our sins and repent, You extend Your grace and mercy and we can experience forgiveness. O Lord, we need reminding that as You show mercy to us so must we be merciful; as You bestow grace upon us so must we learn to be gracious; as You grant us forgiveness when we sincerely seek it and repent, so we need to forgive those who trespass against us. Deliver us from bitterness, malice and a vengeful spirit. Deliver us from hardness of heart and a troubled mind. As we pursue our task of representing our constituencies in a responsible fashion, remind us that ultimately we are accountable to You. Grant us quietness of heart and mind so we may perceive Your guidance in our tasks today, through Christ our Lord. Amen. Senator Torgerson led the Senate in the Pledge of Allegiance. Certification Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the twenty-third legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2000-02-02 Senate Journal Page 2157 Communications The following reports are on file in the Office of the Secretary of the Senate: 1999 Compensation and Travel Report of Executive Positions, January 31, 2000 from Robert Poe, Jr., Commissioner, Department of Administration in accordance with AS 37.05.210 Alaska Legislature 1999 Salary and Business Expense Report from Pam Varni, Executive Director, Legislative Affairs Agency in accordance with AS 24.10.120 Introduction and Reference of Senate Bills SB 236 SENATE BILL NO. 236 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act establishing Prisoners of War and Missing in Action Recognition days and Women Veterans Day; and providing for an effective date. was read the first time and referred to the State Affairs Committee. Zero fiscal note published today from Department of Military and Veterans Affairs. Governors transmittal letter dated February 1: Dear President Pearce: American members of the military forces, men and women, have stood proudly against the forces of tyranny and oppression throughout the world. Many tragically suffered as prisoners of war or remain missing in action. Alaska should honor these brave men and women and it is fitting they be recognized in state law. This bill I transmit today formally establishes days to honor prisoners of war, persons missing in action, and women in the military. 2000-02-02 Senate Journal Page 2158 SB 236 This bill establishes three days in law. To honor all former prisoners of war (POWs) who have returned home from our nation's wars, April 9 will be known as Former POW Recognition Day. The third Friday in September will be known as POW and MIA Recognition Day to commemorate all prisoners of war and persons missing in action (MIAs) unaccounted for or who died in captivity. November 9 of each year will be recognized as Women Veterans Day. Veterans groups have for some time observed a former POW recognition day to primarily honor all POWs who have returned home. More recently, those groups have observed a POW/MIA recognition day as a day to honor Vietnam War POWs and especially MIAs. Over time this day has become a day to honor all POWs, including those who died in captivity, and a day to make a special effort to remember all persons who remain missing in action. Countless courageous servicemen and women have sacrificed their lives for our nation, and many others have lost their own freedom as prisoners of war. Exhibiting patience and determination, prisoners of war are a powerful reminder that the spirit of the American soldier cannot easily be broken, even by brutal treatment in violation of international law and the laws of common decency. These brave soldiers, some of who died in captivity, and who, in many cases, spent years captive under the most reprehensible conditions, deserve our gratitude and commendation. The search for unaccounted for and missing soldiers from our nations wars continues. Their unknown fate causes considerable uncertainty for their families, friends, and fellow veterans. By establishing these recognition days in their honor, Alaska will not forget the lives of these extraordinary heroes and the stories of their dedication to the people of America. Because the number of women in the military -- and their roles in it -- is growing, it is important to publicly recognize women as they leave the armed forces and serve the communities to which they return. 2000-02-02 Senate Journal Page 2159 SB 236 Women currently constitute four percent of all veterans. By the end of the next decade, women will comprise 17 percent of veterans, and the percent of women in the active military is projected to grow from its current 14 percent. Although the history of women in the military is relatively recent, and they were not recruited to join the armed forces until World War I, some disguised themselves as men to join the Continental Army. The first female officers were appointed during World War II. During the Vietnam era, over a quarter of a million women served as military nurses or physicians, or in intelligence, supply, administration, and air support. There is a need to identify and revise policies and practices in the military and veterans-related agencies that were developed at a time when women in the service were a rarity, and to assure that women veterans' issues are incorporated into future planning efforts. Designating a specific day to conduct programs and celebrations to honor and remember women veterans will hasten these efforts. In honor to our veterans, I urge your prompt and favorable action on this bill. Sincerely, /s/ Tony Knowles Governor SB 237 SENATE BILL NO. 237 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to payment, allowances, and benefits of members of the Alaska National Guard and Alaska Naval Militia in active service; relating to computation of certain benefits for members of the Alaska State Militia; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. 2000-02-02 Senate Journal Page 2160 SB 237 Zero fiscal note published today from Department of Military and Veterans Affairs. Governors transmittal letter dated February 1: Dear President Pearce: When members of the Alaska National Guard and Alaska Naval Militia are called to active service for the state, it's important they be adequately compensated for their valuable work in a timely manner. To that end, this bill simplifies the pay scale and system for the Alaska National Guard (ANG) and Alaska Naval Militia (NM). Currently, when called to state active duty, members of the ANG and NM receive pay and allowances equal to those provided by federal law for members of equivalent grades of the United States armed forces. Daily minimum pay is determined by grade and years of service with a statutory minimum. Allowances include food, housing, cost-of-living increase, and quarters and are determined based on the circumstances of each individual. Calculating pay and allowances under the current law requires obtaining information from the federal government regarding current pay scales and allowance amounts. This can cause significant delays in payment of ANG and NM members. It is also a labor-intensive system involving numerous manual calculations with an unreasonable chance for errors. This bill simplifies the pay system for state active duty by retaining statutory minimum pay, disregarding years of service, and eliminating allowances. Members will simply receive 200 percent of the minimum basic pay for a member of an equivalent grade in the active military -- or the statutory minimum, if greater. Simplifying the calculation will save administrative time and will result in members of the ANG and NM receiving their checks in a more timely fashion. 2000-02-02 Senate Journal Page 2161 SB 237 The bill also provides that this proposed new pay scale will be used to calculate workers' compensation and death benefits for the organized militia, which includes the Alaska State Militia as well as the ANG and NM. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor SB 238 SENATE BILL NO. 238 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to payment, benefits, and work status of members in the active service of the Alaska State Militia; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. Zero fiscal note published today from Department of Military and Veterans Affairs. Governors transmittal letter dated February 1: Dear President Pearce: This bill I transmit today clarifies and simplifies the method for paying members of the Alaska State Militia when called to active service. Payment would be based on the state employee rate for the actual type of work performed. 2000-02-02 Senate Journal Page 2162 SB 238 Members of the Alaska State Militia, more commonly known as the Alaska State Defense Force, receive compensation for non-training activities, such as assisting in search and rescue operations and responding to disasters. In the past, members were paid at levels equal to those of the United States armed forces, based on rank plus allowances. After recognizing the lack of statutory authority to pay the Defense Force in this manner, the state began to pay the members as state emergency, nonpermanent employees at a level equal to what an employee would receive for an equivalent assignment. In addressing the question of compensation, the current system created some confusion in the chain of command for the Defense Force, which operates as a military organization under military command. Calling the members to active duty and then hiring them as state employees puts two disciplinary structures in place -- one for state employees and one for Defense Force members. This bill clarifies that when called to active service, Defense Force members will be paid at a level equal to a state employee, but remain under the command of the Department of Military and Veteran Affairs. The bill also specifically provides that Defense Force members are not compensated when called to active service for training or other volunteer activities. Finally, the bill makes corresponding amendments to the level of earnings for payment of workers' compensation or a death benefit in the event an ASM member is injured or killed while in active service. The Alaska State Defense Force provides a valuable service to our state. In the interest of ensuring its members are clearly under military command and receiving equitable pay, I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor 2000-02-02 Senate Journal Page 2163 SB 239 SENATE BILL NO. 239 BY SENATOR ELTON, entitled: An Act relating to retirement incentive programs. was read the first time and referred to the State Affairs and Finance Committees. SB 240 SENATE BILL NO. 240 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the establishment of and accounting for an administrative cost charge for the states role in the community development quota program and to the appropriation of receipts from the charge; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs, Labor and Commerce and Finance Committees. Fiscal note published today from Department of Community and Economic Development. Governors transmittal letter dated February 1: Dear President Pearce: The community development quota (CDQ) program has created jobs and expanded economic opportunity in western Alaska. It is essential to this region of the state that we ensure the continuance of this federal fisheries resource program. This bill I transmit today meets that challenge by partnering with the CDQ participants to cover the state's administrative cost of the program. 2000-02-02 Senate Journal Page 2164 SB 240 Under this bill, community development groups that participate in the CDQ program will pay assessment fees to the state. The proposed fee structure has two components. First, each group will pay a standard, flat amount that will total half the state's administrative costs. Second, each group will pay a variable share of the remaining administrative costs based upon the value of that group's fisheries quota allocation. The Department of Community and Economic Development would administer the cost charge, which is added to the statutory list of program receipts subject to separate accounting procedures. Participants of the CDQ program recognize their future success hinges on the ability of the state to continue to administer the program. To that end, the groups proposed the funding plan forwarded in this bill and are ready to give it their full support. To protect this vital program and improve the efficiency and operation of the state's role in it, I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor SB 241 SENATE BILL NO. 241 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the accounting for and appropriations of the dive fishery management assessment; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. Fiscal note published today from Department of Fish and Game. 2000-02-02 Senate Journal Page 2165 SB 241 Governors transmittal letter dated February 1: Dear President Pearce: I signed into law in 1997 a bill allowing fishermen to establish regional dive fishery associations with the ability to assess themselves to support management and development of their fisheries. By 1999, one association had organized and begun paying its self-assessed tax to the state. This bill I transmit today fulfills the bargain made with dive fishermen in the 1997 law -- that the state ensure the association's self-assessments are used to support the dive fisheries. This bill requires dive fishery assessments be accounted for separately and classified as non-general fund revenues. The assessment is levied on the value of fishery resources taken by dive gear within specified areas. Current law states the assessment receipts may be appropriated to the Department of Fish and Game and qualified development associations to fund research, stock assessment and management activities. By accounting for these funds separately and allowing them to be appropriated back to the program, the state will honor the commitment made by the dive fishermen who voted to tax themselves to pay for more research and management in their fishery. This is an excellent example of the fishing industry being willing to contribute to paying the cost of commercial fisheries management and research and worthy of your support. Sincerely, /s/ Tony Knowles Governor 2000-02-02 Senate Journal Page 2166 SB 242 SENATE BILL NO. 242 BY SENATOR DONLEY, entitled: An Act authorizing appropriation of the proceeds obtained by the state from levy and collection of its ad valorem tax on oil and gas exploration, production, and pipeline property to implement state revenue sharing for the safe communities program; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs and Finance Committees. Consideration of the Calendar Citations Honoring - Bishop Ronald D. Martinson Senator(s) Tim Kelly, Lincoln, Elton, Wilken, Parnell, Hoffman, Ellis, Pete Kelly, Pearce, Mackie, Green, Taylor, Halford, Donley Senator Leman, Acting Majority Leader, 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 Senator Miller moved and asked unanimous consent that he be excused from a call of the Senate on February 7. Without objection, Senator Miller was excused. SB 231 Senator Adams moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 231 An Act naming the Alaska Native Veterans Honor Bridge. Without objection, it was so ordered. 2000-02-02 Senate Journal Page 2167 SB 235 Senators Wilken, Taylor moved and asked unanimous consent that they be shown as cosponsors on SENATE BILL NO. 235 An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality of Anchorage; and providing for an effective date. Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Adjournment Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 3, 2000. Without objection, the Senate adjourned at 11:38a.m. Heidi Vogel Secretary of the Senate February 2000 2000-02-02 Senate Journal Page 2168 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 02 Wednesday 1:30 PM No Meeting Scheduled Feb 04 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SENATE FINANCE 532 Feb 02 Wednesday 9:00 AM Review of Depts Accomplishments for FY99 and FY00 - Dept of Revenue = SB 123PUBLIC INTEREST LITIGANT: FEES <Bill Postponed> Bills Previously Heard/Scheduled Feb 03 Thursday 9:00 AM Joint w/(H) Finance Committee Presentation by President Mark Hamilton on the State of the University Feb 04 Friday 9:00 AM Review of Depts Accomplishments for FY99 and FY00 - Dept of Community & Econ Dev, Dept of Administration, Dept of Labor 2000-02-02 Senate Journal Page 2169 FINANCE Feb 08 Tuesday 9:00 AM -- Rescheduled to 2/9/00 -- Joint w/(H) Finance Committee Presentation by Public Members of the Commission on Privatization & Delivery of Government Services Feb 09 Wednesday 9:00 AM -- Rescheduled from 2/8/00 -- Joint w/(H) Finance Committee Presentation by Public Members of the Commission on Privatization & Delivery of Government Services ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Feb 02 Wednesday 1:30 PM HB 85TEACHERSLICENSES, DISCIPLINE & ETHICS SB 204EXTEND ALASKA COMMISSION ON AGING AK Indep Living Council Presentation Feb 07 Monday 1:30 PM SB 127UNIVERSITY OF ALASKA SCHOLARSHIPS HCR 15DEVELOPMENTAL DISABILITY AWARENESS MONTH Statewide Health Consortium Presentation Feb 09 Wednesday 1:30 PM SB 198INCREASE BASE ALLOCATION FOR EDUCATION Report from the Alcohol Policy Committee ---------------------------------------- JUDICIARY BELTZ 211 Feb 02 Wednesday 1:30 PM += HCR 11SUBSTANCE ABUSE TREATMENT FOR OFFENDERS <Bill Postponed from 1/31/00> += HB 43MUNI.ORDINANCES:POLICE TRAINING SURCHARGE <Bill Postponed from 1/31/00> += HJR 7CONST AM: INITIATIVE/REFERENDUM PETITIONS += HB 45INITIATIVE/REFERENDUM PETITIONS + Bills Previously Heard/Scheduled 2000-02-02 Senate Journal Page 2170 JUDICIARY Feb 04 Friday 8:00 AM BUTROVICH 205 -- Teleconference -- Joint w/(S) State Affairs Committee Discussion with Gov Jay Hammond on PFD Feb 04 Friday 1:30 PM BELTZ 211 -- Meeting Canceled -- += SJR 32CONST. AM: ELECTED ATTORNEY GENERAL <Bill Postponed to 2/7/00> += SJR 14ELECTION OF ATTORNEY GENERAL <Bill Postponed to 2/7/00> Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 Feb 03 Thursday 1:30 PM No Meeting Scheduled ---------------------------------------- RESOURCES BUTROVICH 205 Feb 02 Wednesday 3:00 PM No Meeting Scheduled Feb 04 Friday 3:00 PM No Meeting Scheduled ---------------------------------------- RULES FAHRENKAMP 203 Feb 02 Wednesday 11:45 AM SB 176SEX DISCRIMINATION IN HEALTH CLUBS ---------------------------------------- STATE AFFAIRS BELTZ 211 Feb 03 Thursday 3:30 PM -- Meeting Canceled -- Bills Previously Heard 2000-02-02 Senate Journal Page 2171 STATE AFFAIRS Feb 04 Friday 8:00 AM BUTROVICH 205 -- Teleconference -- Joint w/(S) Judiciary Committee Discussion with Gov Jay Hammond on PFD ---------------------------------------- TRANSPORTATION BUTROVICH 205 Feb 03 Thursday 1:30 PM -- Meeting Canceled -- += SB 189INTERNATIONAL AIRPORT AUTHORITY += SB 208RAILROAD AND FERRY AUTHORITY Bills Previously Heard/Scheduled FINANCE SUBCOMMITTEES CORRECTIONS FAHRENKAMP 203 Feb 02 Wednesday 2:00 PM -- Location and Time Change -- + Missions and Measures Current Corrections FY00 Budget Overview from Dept; Consideration of Privatization Commission Recommendations: 1)Transfer CIs to DCED, privatize all contracts 2)Privatize SOTP 3)Re-evaluate education programs and transfer to private sector 4)a)IHS inpatient care b)Privatize out-patient services 5)Non-violent prisoners to intermediate facilities, privatize provision of services, employ prisoners for skills/reparations 6)Centralize purchasing functions 7)Privatize collection/fine activities and service of warrants & restraining orders 8)Privatize vehicle acquisition/maintenance 9)Privatize IT 10)Charge fees to probationers/parolees and privatize fee collection 11)Utilize private industry standards for purchase/ repair of equipment 12)Mt McKinley Meats Privatization Proposal (submitted by Dept of Corrections) ---------------------------------------- 2000-02-02 Senate Journal Page 2172 FINANCE SUBCOMMITTEES LABOR & WORKFORCE DEVELOPMENT SENATE FINANCE 532 Feb 03 Thursday 12:00 PM -- Meeting Canceled -- Joint w/(H) Subcommittee FY00 Budget ---------------------------------------- MILITARY AND VETERANS AFFAIRS SENATE FINANCE 532 Feb 09 Wednesday 4:00 PM Joint w/(H) Subcommittee Agenda to be Announced 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 02 Wednesday 12:00 PM Overview of FY01 Capital Budget Request Annalee McConnell, Director, OMB JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS FAHRENKAMP 203 Feb 15 Tuesday 3:30 PM + Approval of Agenda/Minutes, Public Comment, FY01 Budget Review, Executive Session, Public Session, Additional Items ---------------------------------------- 2000-02-02 Senate Journal Page 2173 JOINT COMMITTEES SPECIAL COMMITTEE ON MERGERS BUTROVICH 205 Feb 02 Wednesday 3:00 PM -- Rescheduled to 2/3/00 -- Proposed BP/ARCO Merger -- Tentative -- Feb 03 Thursday 10:00 AM -- Rescheduled to 2/4/00 -- Proposed BP/ARCO Merger Feb 04 Friday 1:00 PM -- Rescheduled from 2/3/00 -- <Notice time change> Proposed BP/ARCO merger OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH 205 Feb 08 Tuesday 12:00 PM Child Protection Services Overview ---------------------------------------- MINORITY CAUCUS FAHRENKAMP 203 Feb 03 Thursday 4:00 PM Joint w(H) Minority Caucus