Legislature(1999 - 2000)
2000-02-28 Senate Journal
Full Journal pdf2000-02-28 Senate Journal Page 2441 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Fiftieth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:14 a.m. The roll showed sixteen members present. Senators Halford, Lincoln, Miller were excused from a call of the Senate. Senator Ellis was absent. Senator Mackie moved and asked unanimous consent that Senator Ellis be excused from a call of the Senate due to illness. Without objection, Senator Ellis was excused. The prayer was offered by the Chaplain, Pastor Greg Lindsay of Northern Light United Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Recognizing the varieties of religious expressions present, and in respect of each of those expressions, I invite you to pause for a few moments of prayer and reflection: Creator of all living things, Keeper of time and space, as this week unfolds make us mindful of all that is sacred around us, and how You would have us act in accordance to what is most sacred. May our speech be filled with words of compassion for the weakest among us. May our listening be intent on hearing all sides. May our hands be busy with acts of justice. And may our hearts be filled with deeds of mercy just waiting to be done. 2441 2000-02-28 Senate Journal Page 2442 Gracious God, as we focus on the business at hand may we never get bogged down in procedure, but rather consumed with serving others. Amen. Senator Tim Kelly led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journals for the forty-seventh through forty-ninth legislative days, Senate Journal Supplement No. 8 and House and Senate Joint Journal Supplement No. 12 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated February 25 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 203 CS FOR 2d SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 203(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to loans from the agricultural revolving loan fund; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. 2000-02-28 Senate Journal Page 2443 Standing Committee Reports SB 114 The Rules Committee considered SENATE BILL NO. 114 An Act relating to impersonating a public servant. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HB 192 The Rules Committee considered CS FOR HOUSE BILL NO. 192(JUD) An Act relating to reciting the pledge of allegiance by public school students. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. The bill is on todays calendar. Introduction and Reference of Senate Bills SB 282 SENATE BILL NO. 282 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the monthly salary for heads of principal executive departments; 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 Office of the Governor. 2000-02-28 Senate Journal Page 2444 SB 282 Governors transmittal letter dated February 25: Dear President Pearce: Present and past administrations have been fortunate to find capable men and women willing to leave far more lucrative jobs to serve the public in demanding positions as heads of principal state departments. In fact, over the years many candidates have declined offers and commissioners have left after a short tenure because they could earn so much more in other public and private jobs. While public service can be personally fulfilling, the state cannot expect to continue to attract or retain talented people unless there is a fair salary commensurate with the responsibilities of the job. I am transmitting to you a bill that would permit some flexibility in setting the salary of a principal department head. Under existing law enacted over 20 years ago, commissioner salaries are set at Range 28, Step E with no opportunity for step or range increases regardless of how long the person remains in the job. This bill allows setting a commissioners salary at a higher step and range--no more than Range 30, Step F--to recognize special skill or experience. This approach is identical to the method under existing law for setting the salary of deputy department heads. The current salary of Commissioners is not in line with positions of similar authority and responsibility in the private sector or even larger municipalities within Alaska. Ironically, deputies and other managers often make more than their commissioners do because they are permitted salary increases over time. Salaries of the directors of the states quasi-independent agencies such as AHFC, AIDEA, and the Permanent Fund, which compete most closely with the private sector, substantially exceed those of Commissioners. Despite lower costs of living, the salaries of department heads in many other states, including those on the West Coast, exceed those of Alaska commissioners. 2000-02-28 Senate Journal Page 2445 SB 282 While this proposal would permit only a modest salary increase for department heads, the flexibility afforded could help attract candidates from the private sector and could encourage qualified appointees to remain in service to the public. Recognizing that there is never a good time to raise salaries for our public officials, this action is long overdue. I urge your favorable action this session. Sincerely, /s/ Tony Knowles Governor SB 283 SENATE BILL NO. 283 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the accounting for and appropriations of state land disposal program revenue; 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 Natural Resources. Governors transmittal letter dated February 25: Dear President Pearce: Thoughtfully crafted sales of state land can benefit the public as well as the state. Unfortunately, budget restraints severely limit the state's financial ability to plan and offer land sales. This bill I transmit today provides the mechanism for the state to sell land to Alaskans by placing proceeds of sales into a separate account that can then fund future sales. 2000-02-28 Senate Journal Page 2446 SB 283 Under this bill, receipts of the state land disposal program administered by the Department of Natural Resources (department) would be accounted for separately and placed in the state land disposal income fund. The Legislature may appropriate from the fund for department expenses associated with the program. The fund would be capped at $5 million; any revenues in excess of $5 million at the end of a given fiscal year would be deposited into the general fund. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor SB 284 SENATE BILL NO. 284 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to misrepresentation and false claims made against the state or a municipality; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs and Judiciary Committees. Indeterminate fiscal note published today from Department of Law. Zero fiscal note published today from Department of Administration. Governors transmittal letter dated February 25: 2000-02-28 Senate Journal Page 2447 SB 284 Dear President Pearce: This bill I transmit today would fill a gap in our statutory law by providing general authority for the civil prosecution of a person who makes a false claim for, or a misrepresentation regarding, money or property against the state or a municipality. The public needs some way of ensuring that persons who seek to recover money or property from the state or a municipality are doing so in good faith. The most effective means of doing this is to provide for clear consequences for unlawful conduct. This bill would allow for a civil penalty of damages up to three times the amount suffered and court costs and attorneys fees from persons who make a misrepresentation or false claim against the state or a municipality. The bill would provide incentives to cooperate in the prosecution of a misrepresentation or false claim. Also, the bill would apply only to matters involving at least $500 and would not apply to unemployment, workers' compensation, state tax, public assistance, or temporary assistance claims. These programs have specific authority elsewhere in statute providing for the prosecution of false claims. The bill also provides procedures for circumstances in which both state and municipal money or property are involved and sets a limitation period of 10 years after which suits for misrepresentations and false claims are barred. Nearly all states and the federal government have false claims statutes. It is time that Alaska had similar authority to protect the public treasury from wrongful claims. Sincerely, /s/ Tony Knowles Governor 2000-02-28 Senate Journal Page 2448 SB 285 SENATE BILL NO. 285 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to transfers of public land or grants or conveyances of interest in public land among the Alaska Railroad Corporation, the Department of Transportation and Public Facilities, and the Department of Natural Resources to relocate or widen the Seward Highway, to relocate railroad facilities, and to relocate adjacent utility facilities; and providing for an effective date. was read the first time and referred to the Transportation and Finance Committees. Zero fiscal notes published today from Department of Transportation and Public Facilities, Department of Natural Resources. Governors transmittal letter dated February 25: Dear President Pearce: The Seward Highway south of Anchorage through Chugach State Park has been reconstructed and realigned over the past few years to promote greater safety and ease for the traveling public. Some of these improvements and further planned projects also involve adjacent railroad and utility rights-of-way. Because the laws creating Chugach State Park prohibit transfer of park lands, land exchanges for realignments and relocations of the highway and railroad require specific statutory authority. This bill allows for the exchanges of property interests between Chugach State Park, the Department of Transportation, the Alaska Railroad and utilities needed for widening or relocating the highway or railroad through the Park. All land exchanges would be subject to a finding by the commissioner of the Department of Natural Resources that they would not significantly affect the purposes of the Park. 2000-02-28 Senate Journal Page 2449 SB 285 The transferred park land would be limited to the amount necessary for the relocation. All lands received in exchange for the relocation needs would become part of Chugach State Park. This bill will provide for the continued upgrading and increased safety along one of our states most traveled highways. At the same time, the scenic and recreational values of Chugach State Park will be protected and enhanced through continued close cooperation and project planning between state agencies and the Alaska Railroad. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor SB 286 SENATE BILL NO. 286 BY THE SENATE JUDICIARY COMMITTEE, entitled: An Act relating to the duties and powers of the attorney general. was read the first time and referred to the Judiciary Committees. Consideration of the Calendar Second Reading of Senate Bills SB 114 SENATE BILL NO. 114 An Act relating to impersonating a public servant was read the second time. 2000-02-28 Senate Journal Page 2450 SB 114 Senator Taylor, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 1455. Without objection, CS FOR SENATE BILL NO. 114(JUD) An Act relating to public officials and to impersonating a public servant was adopted and read the second time. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Elton objected. Senator Mackie moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. CS FOR SENATE BILL NO. 114(JUD) will appear on the February 29 calendar. Second Reading of House Bills HB 192 CS FOR HOUSE BILL NO. 192(JUD) An Act relating to reciting the pledge of allegiance by public school students was read the second time. Senator Ward, Chair, moved and asked unanimous consent for the adoption of the State Affairs Senate Committee Substitute offered on page 2392. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 192(STA) was adopted and read the second time. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 192(STA) was read the third time. 2000-02-28 Senate Journal Page 2451 HB 192 The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 192(STA) An Act relating to reciting the pledge of allegiance by public school students pass the Senate? The roll was taken with the following result: SCS CSHB 192(STA) Third Reading - Final Passage YEAS: 16 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Adams, Donley, Elton, Green, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Ellis, Halford, Lincoln, Miller and so, SENATE CS FOR CS FOR HOUSE BILL NO. 192(STA) passed the Senate and was referred to the Secretary for engrossment. Third Reading of Senate Bills SB 123 CS FOR SENATE BILL NO. 123(FIN) An Act relating to public interest litigants and to attorney fees; and amending Rule 82, Alaska Rules of Civil Procedure was read the third time. Senator Mackie moved and asked unanimous consent that the bill be held in third reading to the February 29 calendar. Without objection, it was so ordered. CS FOR SENATE BILL NO. 123(FIN) will appear on the February 29 calendar. Announcements Announcements are at the end of the journal. 2000-02-28 Senate Journal Page 2452 Engrossment HB 192 SENATE CS FOR CS FOR HOUSE BILL NO. 192(STA) An Act relating to reciting the pledge of allegiance by public school students was engrossed, signed by the President and Secretary and returned to the House for consideration. Enrollment 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 enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:30 p.m., February 28, 2000. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 29, 2000. Without objection, the Senate adjourned at 11:40 a.m. Heidi Vogel Secretary of the Senate February 2000 2000-02-28 Senate Journal Page 2453 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 28 Monday 1:30 PM No Meeting Scheduled Mar 01 Wednesday 1:30 PM + HB 272MUNICIPAL TAX: LOW INCOME HOUSING + SJR 37PROPOSING TRENT-WALDRON MEMORIAL TRAIL Mar 03 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SENATE FINANCE 532 Feb 28 Monday 9:00 AM -- Revised Agenda -- += SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP Mil & Vet Affairs, Natural Resources, DPS Revenue, DOT/PF, University, DCED Feb 29 Tuesday 9:00 AM += SB 6DISPOSALS OF STATE LAND + SB 175STATE MINING LAW Bills Previously Heard/Scheduled 2000-02-28 Senate Journal Page 2454 FINANCE Mar 01 Wednesday 8:00 AM -- Time Change -- Key Campaign (8:00 - 9:00 AM) -- Revised Agenda -- = SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP Dept Presentations Continued from 2/28/00 DMVA, DNR, DPS, Rev, DOT/PF, Univ, DCED SB 281OPERATING BUDGET MISSIONS AND MEASURES Mar 02 Thursday 9:00 AM + OMB Overview - Status of AHFC Bonding Projects in Ch 129, SLA 1998 += SB 204EXTEND ALASKA COMMISSION ON AGING + SB 256PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE += SB 73ASSISTED LIVING FACILITIES Bills Previously Heard/Scheduled Mar 03 Friday 9:00 AM += SB 95SCHOOL GRADE LEVELS += SB 105PUBLIC SCHOOL FUNDING + SB 198INCREASE BASE ALLOCATION FOR EDUCATION + SB 244QUALITY SCHOOL GRANT FUND INCREASE Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Feb 28 Monday 1:30 PM No Meeting Scheduled Mar 01 Wednesday 1:30 PM += SB 228PUBLIC SCHOOL CONSTR/MAINTENANCE FUNDING += SB 224CONFIDENTIALITY OF CINA HEARINGS & RECORD Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY BELTZ 211 Feb 28 Monday 1:30 PM + HB 67BAIL HEARING FOR SEX OFFENDERS + Bills Previously Heard/Scheduled Mar 01 Wednesday 1:30 PM + SB 277ONLINE SYSTEM REPLACES AK ADMIN JOURNAL + Bills Previously Heard/Scheduled 2000-02-28 Senate Journal Page 2455 JUDICIARY Mar 02 Thursday 1:30 PM FAHRENKAMP 203 -- Location Change -- + Overview with Dept of Public Safety + Hearing on Reciprocity BELTZ 211 Mar 03 Friday 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 Feb 29 Tuesday 1:30 PM += SB 177INSURANCE TRADE PRACTICES & ACTS + SB 279REDEMPTION OF CORPORATE SHARES Mar 02 Thursday 1:30 PM + SB 230RIGHT TO WORK Presentation Natl Right to Work Cmte Only + SB 276REQUIRE HEALTH INS COVERAGE FOR DIABETES Mar 07 Tuesday 1:30 PM = SB 230RIGHT TO WORK SB 272WORKERS COMP AND WORKER SAFETY ---------------------------------------- RESOURCES BUTROVICH 205 Feb 28 Monday 3:00 PM No Meeting Scheduled Mar 01 Wednesday 3:00 PM += SB 255PUB.LAND PERMITS/HEALY-FAIRBANKS INTERTIE + SB 266MARINE ANTI-FOULING PAINTS + Bills Previously/Heard Scheduled Mar 03 Friday 3:00 PM = SB 273OIL SPILL RESPONSE; NONTANK VESSELS & RR Bills Previously Heard/Scheduled ---------------------------------------- 2000-02-28 Senate Journal Page 2456 STATE AFFAIRS BELTZ 211 Feb 29 Tuesday 3:30 PM No Meeting Scheduled Mar 02 Thursday 3:30 PM = SB 236POW/MIA DAY & WOMEN VETERANS DAY SB 247VETERANSELIGIBILITY FOR LONGEVITY BONUS Bills Previously Heard/Scheduled Confirmation Hearing: APOC - Jacobson ---------------------------------------- TRANSPORTATION BUTROVICH 205 Feb 29 Tuesday 1:30 PM No Meeting Scheduled Mar 02 Thursday 1:30 PM Port of Bellingham Presentation = SB 235APPROVING TRANSFER OF RAILROAD LAND = SJR 38ALASKA CANADA RAIL FEASIBILITY STUDY EO 101 RELOCATE HIGHWAY SAFETY PLANNING AGENCY FROM DPS TO DOT/PF Bills Previously Heard/Scheduled FINANCE SUBCOMMITTEES ADMINISTRATION SENATE FINANCE 532 Feb 29 Tuesday 1:00 PM Depts FY01 Transfers, Increments and Decrements Compared to FY00 Budget ---------------------------------------- COMMUNITY & ECONOMIC DEVELOPMENT BELTZ 211 Feb 29 Tuesday 12:00 PM -- Meeting Canceled -- Agenda to be Announced ---------------------------------------- 2000-02-28 Senate Journal Page 2457 FINANCE SUBCOMMITTEES EDUCATION & EARLY DEVELOPMENT SENATE FINANCE 532 Feb 28 Monday 3:30 PM + Depts FY01 Transfers, Increments and Decrements Compared to FY00 Budget ---------------------------------------- FISH & GAME SENATE FINANCE 532 Mar 06 Monday 12:00 PM Changes to FY01 Budget Mar 22 Wednesday 12:00 PM Budget Closeout ---------------------------------------- LAW BUTROVICH 205 Feb 28 Monday 5:00 PM Department Overview ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT BELTZ 211 Mar 01 Wednesday 12:00 PM -- Meeting Canceled -- Agenda to be Announced ---------------------------------------- MILITARY AND VETERANS AFFAIRS SENATE FINANCE 532 Mar 01 Wednesday 4:00 PM Joint w/(H) Subcommittee Closeout ---------------------------------------- NATURAL RESOURCES BUTROVICH 205 Mar 06 Monday 12:00 PM Budget Closeout ---------------------------------------- 2000-02-28 Senate Journal Page 2458 FINANCE SUBCOMMITTEES PUBLIC SAFETY FAHRENKAMP 203 Mar 01 Wednesday 12:00 PM Department Overview ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 Mar 07 Tuesday 12:00 PM Changes to FY01 Budget Mar 21 Tuesday 2:30 PM Budget Closeout ---------------------------------------- CAPITAL BUDGET FINANCE SUBCOMMITTEE SENATE FINANCE 532 Feb 29 Tuesday 12:00 PM AK Housing Finance Corp Requests Feb 29 Tuesday 4:30 PM DEC Requests JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW CAPITOL 102 Mar 07 Tuesday 1:00 PM -- Rescheduled from 2/24/00 -- + 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 2000-02-28 Senate Journal Page 2459 OTHER MEETINGS ANCHORAGE CAUCUS SENATE FINANCE 532 Feb 28 Monday 12:00 PM -- Upon Adjournment of S/H Floor Sessions -- Anchorage School Board, Anchorage School District Priorities and Issues ---------------------------------------- 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 ---------------------------------------- MAJORITY CAUCUS BUTROVICH 205 Mar 01 Wednesday 11:30 AM -- Upon Adjournment --