Legislature(1997 - 1998)

04/03/1997 03:35 PM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           SENATE STATE AFFAIRS COMMITTEE                                      
                    April 3, 1997                                              
                      3:35 p.m.                                                
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Lyda Green, Chairman                                                   
Senator Jerry Ward, Vice-Chairman                                              
Senator Mike Miller                                                            
Senator Jim Duncan                                                             
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Senator Jerry Mackie                                                           
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
SENATE BILL NO. 150                                                            
"An Act relating to moving expenses of state employees, to                     
compensatory time for state employees, and to calculation of                   
compensation for the public employees' retirement system."                     
                                                                               
SENATE BILL NO. 151                                                            
"An Act relating to public employment labor relations; relating to             
the protection of the rights of public employees under the Public              
Employment Relations Act; establishing ethical standards for union             
representatives of public employees; and establishing disclosure               
requirements for public employee labor organizations."                         
                                                                               
SENATE BILL NO. 9                                                              
"An Act relating to municipal capital project matching grants for              
a municipality organized under federal law as an Indian reserve;               
and providing for an effective date."                                          
                                                                               
SENATE BILL NO. 143                                                            
"An Act relating to education benefits for members of the Alaska               
National Guard, Alaska Naval Militia, or Alaska Territorial Guard."            
                                                                               
SENATE BILL NO. 124                                                            
"An Act relating to salmon classics and race classics."                        
                                                                               
SENATE BILL NO. 129                                                            
"An Act relating to the employer's required savings under the                  
retirement incentive plan; and providing for an effective date."               
                                                                               
SENATE BILL NO. 21                                                             
"An Act relating to ferries and ferry terminals, establishing the              
Alaska Marine Highway Authority, and relating to maintenance of                
state marine vessels; and providing for an effective date."                    
                                                                               
SENATE BILL NO. 81                                                             
"An Act relating to immunization records for children under the age            
of seven."                                                                     
                                                                               
     - BILL POSTPONED                                                          
                                                                               
SENATE BILL NO. 147                                                            
"An Act relating to a retirement benefit for the surviving widow or            
widower or surviving divorced spouse of a governor or lieutenant               
governor of the state; and providing for an effective date."                   
                                                                               
     - BILL POSTPONED                                                          
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
SB 150 - See Senate State Affairs minutes dated 4/1/97.                        
                                                                               
SB 151 - See Senate State Affairs minutes dated 4/1/97.                        
                                                                               
SB   9 - See Community & Regional Affairs minutes dated 3/7/97.                
                                                                               
SB 143 - No previous action to record.                                         
                                                                               
SB 124 - No previous action to record.                                         
                                                                               
SB 129 - See Senate State Affairs meeting dated 3/27/97.                       
                                                                               
SB  21 - See Senate Transportation Committee minutes dated 2/18/97             
         and 3/6/97 and Senate State Affairs minutes dated 3/18/97,            
         3/25/97, 3/27/97.                                                     
                                                                               
WITNESS REGISTER                                                               
                                                                               
Tim Benintendi, Staff to Senator Tim Kelly                                     
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
POSITION STATEMENT:  Offered information on SB 143                             
                                                                               
Ms. Carol Carroll, Director                                                    
Administrative Services Division                                               
Department of Military & Veterans Affairs                                      
P.O. Box 110900                                                                
Juneau, AK 99811-0900                                                          
POSITION STATEMENT:  Testified in support of SB 143                            
                                                                               
Don Mercer                                                                     
Alaska National Guard                                                          
Juneau, AK                                                                     
POSITION STATEMENT:  Testified in support of SB 143                            
                                                                               
Senator John Torgerson                                                         
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
POSITION STATEMENT:  Prime Sponsor of SB 124                                   
                                                                               
Jeannie Smith, Staff to Senator Jerry Mackie                                   
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
POSITION STATEMENT:  Offered information on SB 9                               
                                                                               
Joe Ambrose, Staff to Senator Robin Taylor                                     
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
POSITION STATEMENT:  Presented amendment to CSSB 21(TRA)                       
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 97-18, SIDE A                                                             
Number 001                                                                     
                                                                               
         SB 150 PUB. EMPLOYEES: MOVING, COMP TIME & PERS                       
                                                                               
                                                                               
CHAIRMAN GREEN called the Senate State Affairs Committee to order              
at 3:35 p.m. and brought up SB 150 as the first order of business              
before the committee.  She noted the bill was passed out of                    
committee at its previous hearing, however, new zero fiscal notes              
were received by the committee after that action was taken.  She               
then requested a motion to move the additional fiscal notes out of             
committee to accompany the legislation.                                        
                                                                               
SENATOR WARD moved the adoption of the new fiscal notes to SB 150.             
SENATOR MILLER amended the motion that a committee fiscal note also            
be included.  Hearing no objection, CHAIRMAN GREEN stated the                  
motion carried.                                                                
                                                                               
CHAIRMAN GREEN clarified for the record that there was some                    
question at the committee's last meeting on the timeliness of the              
request for fiscal notes, and she wanted to assure the committee               
that the request was sent in a timely manner.  She said that with              
SB 150 there was an added burden on the part of the departments and            
agencies who are required under statute to get the fiscal notes                
back to the committee within five days.                                        
                                                                               
Number 055                                                                     
                                                                               
            SB 151 PUBLIC EMPLOYMENT LABOR RELATIONS                           
                                                                               
CHAIRMAN GREEN brought SB 151 before the committee as the next                 
order of business.  She stated CSSB 151(STA) was adopted at the                
previous hearing on the legislation.                                           
                                                                               
SENATOR DUNCAN moved Amendment No. 1 to CSSB 151(STA), which, he               
said, removes the sections in the committee substitute and the                 
original bill that would require increasing the number of                      
bargaining units in the state.  Increasing the number of bargaining            
units will increase the cost to the state and causes other types of            
problems.                                                                      
                                                                               
Amendment No. 1                                                                
                                                                               
Page 3, line 16:  Delete "new subsections" and insert "a new                   
                  subsection"                                                  
                                                                               
Page 3, line 24, through page 4, line 25:  Delete all material                 
                                                                               
SENATOR WARD objected to the adoption of Amendment No. 1.  The roll            
wa taken with the following result:  Senator Duncan voted "Yea" and            
Senators Miller, Ward and Green voted "Nay."  The Chairman stated              
the motion failed on a 1-3 vote.                                               
                                                                               
Number 144                                                                     
                                                                               
SENATOR DUNCAN moved Amendment No. 2 to CSSB 151(STA), which, he               
said, would remove the findings sections in the legislation.  These            
findings sections are taken from federal law and there is not                  
evidence of the types of abuses and problems that the findings                 
declare are there.                                                             
                                                                               
Amendment No. 2                                                                
                                                                               
Page 1, line 6, through page 2, line 19:  Delete all material.                 
                                                                               
Page 2, line 20:  Delete "Sec. 2" and insert "Section 1"                       
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 50, line 10:  Delete "sec. 37" and insert "sec. 36"                       
                                                                               
Page 50 line 22:  Delete "sec. 37" and insert "sec. 36"                        
                                                                               
SENATOR WARD objected to the adoption of Amendment No. 2.  The roll            
was taken with the following result:  Senator Duncan voted "Yea"               
and Senators Miller, Ward and Green voted "Nay."  The Chairman                 
stated the motion failed.                                                      
                                                                               
Number 155                                                                     
                                                                               
SENATOR DUNCAN moved Amendment No. 3 to CSSB 151(STA),which, he                
said, would delete Section 37.  However, after brief discussion it             
was concluded that the amendment was improperly drafted, and                   
Senator Duncan then withdrew Amendment No. 3.                                  
                                                                               
SENATOR DUNCAN moved a conceptual Amendment No. 3 to CSSB 151(STA)             
to delete Section 37 and any references to Section 37 throughout               
the committee substitute.  He said Section 37 basically                        
incorporates the federal language and places a significant                     
additional administrative burden within the Department of Labor to             
duplicate a federal bureaucracy which collects reports and audits              
union activities in the private sector.                                        
                                                                               
SENATOR WARD objected to the adoption of a conceptual Amendment No.            
3.  The roll was taken with the following result:  Senator Duncan              
voted "Yea" and Senators Ward, Miller and Green voted "Nay."  The              
Chairman stated the motion failed.                                             
                                                                               
Number 225                                                                     
                                                                               
SENATOR DUNCAN moved Amendment No. 4 to CSSB 151(STA).  He said                
this is the area where the president of the AFL-CIO testified that             
they would have to bring out the handcuffs because he would not                
make copies of his membership list and make it public.                         
                                                                               
Amendment No. 4                                                                
                                                                               
Page 35, line 16:  Delete "and copy"                                           
                                                                               
SENATOR GREEN objected to the adoption of Amendment No. 4.  The                
roll was taken with the following result:  Senator Duncan voted                
"Yea" and Senators Miller, Ward and Green voted "Nay."  The                    
Chairman stated the motion failed.                                             
                                                                               
Number 260                                                                     
                                                                               
SENATOR DUNCAN moved the adoption of Amendment No. 5 to CSSB
151(STA) which he said eliminates the requirement that the                     
Legislature give approval of arbitration awards and any extensions             
or modifications of an agreement.                                              
                                                                               
Amendment No. 5                                                                
                                                                               
Page 14, lines 21 - 24:  Delete "and the extension or modification             
of an agreement, including an award by an arbitrator acting under              
AS 23.40.200, if the extension or modification affects in any way              
the monetary terms of an agreement."                                           
                                                                               
Page 14, line 29, through page 15, line 26:  Delete all material.              
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 50, line 8:  Delete "23.40.215(c),"                                       
                                                                               
Page 50, line 10:  Delete "sec. 37" and insert "sec. 35"                       
                                                                               
Page 50, line 22:  Delete "sec. 37" and inert "sec. 35"                        
                                                                               
SENATOR MILLER objected to the adoption of Amendment No. 5.  The               
roll was taken with the following result:  Senator Duncan voted                
"Yea" and Senators Green, Miller and Ward voted "Nay."  The                    
Chairman stated the motion failed.                                             
                                                                               
Number 267                                                                     
                                                                               
CHAIRMAN GREEN related that new fiscal notes for CSSB 151(STA) had             
been provided by the Department of Law and the Department of Labor,            
and there being no further amendments or testimony, she requested              
a motion on CSSB 151(STA).                                                     
                                                                               
SENATOR WARD moved CSSB 151(STA) and the accompanying fiscal notes             
be passed out of committee with individual recommendations.                    
SENATOR DUNCAN objected.  The roll was taken with the following                
result:  Senators Miller, Ward and Green voted "Yea" and Senator               
Duncan voted "Nay."  The Chairman stated the motion to move CSSB
151(STA) out of committee carried.                                             
                                                                               
Number 325                                                                     
                                                                               
        SB 143 EDUCATION BENEFITS FOR MILITARY PERSONNEL                       
                                                                               
CHAIRMAN GREEN brought SB 143 before the committee as the next                 
ordered of business.                                                           
                                                                               
TIM BENINTENDI, staff to Chairman Kelly of the Senate Rules                    
Committee who sponsored the legislation, explained SB 143 would                
simply make some refinements in the Alaska National Guard tuition              
assistance program.  This program is modestly funded, but it is a              
tool that the Adjutant General can use for improving skill levels              
among personnel, in response to the emerging needs of the National             
Guard.                                                                         
                                                                               
SB 143 will strengthen the Guard's recruitment and retention goals,            
and give more discretion to the Adjutant General for applying                  
educational benefits to the organization's most pressing needs.  It            
will also afford enlisted personnel college and other schooling                
opportunities necessary for entry in the officer corps should                  
enlisted Guard members pursue that career path.                                
                                                                               
Mr. Benintendi provided the following sectional analysis on SB 143:            
                                                                               
     - In Section 1, active enlisted personnel are targeted as the             
group made eligible for educational assistance in Alaska                       
educational facilities.  Retirees and former members of the Alaska             
Territorial Guard are excluded from eligibility in order to                    
emphasize the DMVA recruitment and retention objectives.  Funds are            
simply not available for a broader range program.                              
                                                                               
     - Section 2 provides that recipients of educational benefits              
be students in good standing in the program or class undertaken.               
                                                                               
     - Section 3 gives the Adjutant General the latitude to                    
authorize payment levels up to 100 percent for tuition and required            
fees at institutions in Alaska.  It also allows the AG to                      
prioritize categories of educational benefits to support vital                 
recruitment and retention objectives.                                          
                                                                               
     - Section 4 defines a student in good standing for purposes of            
the program.                                                                   
                                                                               
     - Section 5 repeals the noted statute references as                       
unnecessary.  The first removes the provision for calculating                  
retirees' eligibility, the second removes the ineligibility for                
benefits under more than one program, and the third removes the                
ineligibility if the members is qualified for federal benefits.                
                                                                               
Number 355                                                                     
                                                                               
CAROL CARROLL, Director, Administrative Services Division,                     
Department of Military & Veterans Affairs, said the department                 
believes the legislation will allow the Adjutant General to use an             
existing program to better advantage.  She noted there are                     
approximately 400 Guard members that are lost to attrition every               
year and they have to fill those spaces.                                       
                                                                               
Ms. Carroll said there is more of an emphasis now by both the Army             
and the National Guard on education, and there is difficulty in                
retaining Native officers.  The department believes they can use               
this program to fashion an educational program for Native officers             
so that they can retain them in the Guard.                                     
                                                                               
Ms. Carroll related that currently there is only $28,500 in the                
tuition assistance program, however, last year they didn't use                 
$6,800 of it, and by being able to target this in a more effective             
way they will be able to use it as the Adjutant General would like.            
                                                                               
Number 380                                                                     
                                                                               
DON MERCER, representing the Alaska National Guard testified in                
support of SB 143.  He clarified that to be promoted to the rank of            
major, it requires a BA, but in order to go to OCS and become a                
commissioned officer, it does not require a degree at that time.               
He said the legislation will allow the Guard to recruit new members            
and these new recruits will be able to enhance their careers by                
being offered the educational opportunities.                                   
                                                                               
Number 400                                                                     
                                                                               
There being no further testimony on SB 143, CHAIRMAN GREEN asked               
for the will of the committee.                                                 
                                                                               
SENATOR WARD moved SB 143 and the accompanying zero fiscal note be             
passed out of committee with individual recommendations.  Hearing              
no objection, it was so ordered.                                               
                                                                               
                                                                               
        SB 124 CHARITABLE GAMING SALMON AND RACE CLASSIC                       
                                                                               
CHAIRMAN GREEN brought SB 124 before the committee as the next                 
order of business.                                                             
                                                                               
SENATOR JOHN TORGERSON, prime sponsor of SB 124, read the following            
sponsor statement into the record:                                             
                                                                               
"This legislation amends AS 05.15.100(A) by including race classics            
as one of the games of skill and chance which municipalities or                
qualified organizations are allowed to conduct.  The purpose of                
this amendment is to authorize a classic for the Seward Mt.                    
Marathon Race, to be operated by the Seward Chamber of Commerce                
Convention & Visitors' Bureau.                                                 
                                                                               
It also amends AS 05.15.690(40) by extending the definition of a               
salmon classic to include the Seward Silver Salmon Derby Classic               
and the Sterling Area Senior Citizen's, Inc. Sockeye Salmon                    
Crossing Classic.                                                              
                                                                               
Both the Seward Chamber of Commerce Convention & Visitors' Bureau              
and the Sterling Area Senior Citizen's Inc., are non-profit                    
corporations.  Both entities provide a valuable community service              
and, like many local service organizations, they are searching for             
ways to supplement their revenues.                                             
                                                                               
Providing these potential revenue vehicles will assist these                   
service organizations in the continuation of the services they                 
provide for their respective communities."                                     
                                                                               
Senator Torgerson pointed out the Legislature has authorized                   
similar classics, and he said this is just a request to add a                  
couple of more to the list.                                                    
                                                                               
Number 428                                                                     
                                                                               
SENATOR DUNCAN noted there are a number of other salmon derbies                
held throughout the state, and he questioned if consideration was              
given to opening it up so that they all qualify under this                     
legislation.  SENATOR TORGERSON responded that it was originally               
approached in that manner and his office worked with the Division              
of Gaming on the concept.  However, communications broke down, and             
he needed to get approval for these two classics this year so it               
was limited to them.  He added there is concern among the non-                 
profit organizations that if an administration decided down the                
road that they didn't want to continue with an existing derby, it              
could just administratively wipe it out.                                       
                                                                               
There being no further questions or testimony on SB 124, CHAIRMAN              
GREEN requested a motion on the legislation.                                   
                                                                               
SENATOR WARD moved SB 124 be passed out of committee with                      
individual recommendations.  Hearing no objection, it was so                   
ordered.                                                                       
                                                                               
                                                                               
             SB 129 PERS REQUIRED SAVINGS UNDER RIP                            
                                                                               
CHAIRMAN GREEN brought SB 129 back before the committee.  Hearing              
no further testimony on the legislation, she asked for the will of             
the committee.                                                                 
                                                                               
SENATOR WARD moved SB 129 and the accompanying fiscal notes be                 
passed out of committee with individual recommendations.  Hearing              
no objection, it was so ordered.                                               
                                                                               
Number 483                                                                     
                                                                               
         SB 9 CAP PROJ MATCHING GRANT FOR INDIAN RESERV                        
                                                                               
CHAIRMAN GREEN brought SB 9 before the committee as the next order             
of business.                                                                   
                                                                               
JEANNIE SMITH, staff to Senator Jerry Mackie, read the following               
sponsor statement into the record:                                             
                                                                               
"Senator Mackie introduced this legislation at the request of the              
Metlakatla Indian Community when their Municipal Assistance                    
Matching Grant Program appropriation was eliminated from the FY 96             
budget.  Metlakatla qualified for this program under the Department            
of Administration regulations definition for "municipality".                   
However, legal analysis found that the statute definition was not              
written specific enough to include the Metlakatla Indian Community             
in this program. Since the statute definition supersedes the                   
regulatory definition the appropriation was eliminated.                        
                                                                               
SB 9 amends AS 37.06 by adding a new section that includes a                   
municipality organized under federal law as an Indian reserve.                 
This bill has been drafted to specifically include the Metlakatla              
Indian community within the Municipal Assistance Matching Grant                
Program.  Metlakatla is the only entity in the state that now, or              
in the future, could qualify under the language included in SB 9,              
page 1, lines 6 - 8.                                                           
                                                                               
The community of Metlakatla is definitely more reflective of a                 
municipal government and fits more appropriately into the Municipal            
Capital Matching Grant Program.  The community has a mayor, city               
council, school board, constitution, law and order codes, police               
department, court system, etc..                                                
                                                                               
SB 9 specifically removes Metlakatla from the Unincorporated                   
Capital Matching Grant Program and specifically includes Metlakatla            
in the statute provisions for the Municipal Capital Matching Grant             
Program."                                                                      
                                                                               
Ms. Smith stated she would respond to questions from the committee.            
                                                                               
Number 515                                                                     
                                                                               
SENATOR DUNCAN asked if the Department of Community & Regional                 
Affairs supports the legislation, and MS. SMITH acknowledged that              
it does.                                                                       
                                                                               
There being no further questions on SB 9, CHAIRMAN GREEN asked the             
pleasure of the committee.                                                     
                                                                               
SENATOR MILLER moved SB 9 and the accompanying fiscal notes be                 
passed out of committee with individual recommendations.  Hearing              
no objection, it was so ordered.                                               
                                                                               
Number 525                                                                     
                                                                               
              SB 21 ALASKA MARINE HIGHWAY AUTHORITY                            
                                                                               
CHAIRMAN GREEN brought CSSB 21(TRA) before the committee as the                
final order of business.                                                       
                                                                               
JOE AMBROSE, staff to Senator Robin Taylor, directed attention to              
a proposed Amendment No. 3 to CSSB 21(TRA).   At the first hearing             
on the legislation, two amendments were adopted.                               
                                                                               
Mr. Ambrose explained the first part of the amendment makes the                
chief executive officer of the Marine Highway Authority the                    
equivalent to commissioner for the purposes of computing the                   
interport differential.  That same provision already applies in law            
when it relates to the president of the University of Alaska for               
any vessels they might have.                                                   
                                                                               
Mr. Ambrose said the main portion of the amendment relates to the              
computation of the interport differential and designates that the              
ports that are designated as home ports in the state of Alaska for             
Alaska Marine Highway vessels become the delivery and redelivery               
ports for purposes of calculating the interport differential.                  
                                                                               
SENATOR WARD moved the adoption of the following amendment to CSSB
31(TRA)                                                                        
                                                                               
Amendment No. 3                                                                
                                                                               
Page 16, lines 12 - 16:                                                        
     Delete "In this subsection, "commissioner of the department               
that operates the marine vessel" includes the president of the                 
University of Alaska with regard to a vessel operated by the                   
university and the chief executive officer of the Alaska Marine                
Highway Authority with regard to a vessel operated by the Alaska               
Marine Highway Authority."                                                     
     Insert "A detailed list of the costs and factors considered in            
calculating the interport differential must be provided to each                
person who expresses an interest in submitting a bid to perform                
maintenance or repair work on a marine vessel owned by the state.              
[IN THIS SUBSECTION, "COMMISSIONER OF THE DEPARTMENT THAT OPERATES             
THE MARINE VESSEL: INCLUDES THE PRESIDENT OF THE PRESIDENT OF THE              
UNIVERSITY OF ALASKA WITH REGARD TO A VESSEL OPERATED BY THE                   
UNIVERSITY.]"                                                                  
                                                                               
Page 16, line 18, through page 17, line 1:                                     
     Delete all material and insert:                                           
          "(c)  The commissioner of a department that operates a               
marine vessel shall adopt regulations establishing the criteria                
that the department shall use to determine whether the cost of                 
maintenance or repair work at a shipyard facility located in the               
state is reasonable under (a) of this section.  The commissioner               
shall designate by regulation the designated base port for each                
vessel operated by the department.  A vessel's designated base port            
is the vessel's delivery and redelivery port.  The Alaska Marine               
Highway Authority shall adopt regulations establishing the criteria            
that the authority shall  use in calculating the interport                     
differential under this section.  The criteria for calculating the             
interport differential must include costs incurred from the time               
that the vessel leaves the vessel's designated base port to enter              
the shipyard facility until the time that the vessel returns to the            
designated base port from the shipyard facility.                               
          (d)  In this section,                                                
               (1)  "commissioner of the department that operates              
the marine vessel" includes the president of the University of                 
Alaska with regard to a vessel operated by the university and the              
chief executive officer of the Alaska Marine Highway authority with            
regard to a vessel operated by the Alaska Marine Highway Authority;            
               (2)  "interport differential" includes all costs                
related to the performance of the maintenance or repair work of a              
marine vessel at a shipyard located outside  of the state,                     
including travel costs incurred moving the vessel from its                     
designated base port to the shipyard outside of the state;                     
additional fuel consumption; cost of consumables including                     
lubricants and other engine and deck stores; maintenance costs                 
incurred during running time; cost of crew transfers including                 
airfare between Alaska and the shipyard; wages in travel status;               
crew room and board; and other interport costs identified by the               
Alaska Marine Highway Authority."                                              
                                                                               
Hearing no objection to the adoption of Amendment No. 3, CHAIRMAN              
GREEN stated the amendment was adopted.                                        
                                                                               
Number 575                                                                     
                                                                               
There being no further amendments or testimony on CSSB 21(TRA),                
CHAIRMAN GREEN asked for the will of the committee.                            
                                                                               
SENATOR WARD moved CSSB 21(TRA), as amended, and the accompanying              
fiscal notes be passed out of committee with individual                        
recommendations.  SENATOR DUNCAN objected.  The roll was taken with            
the following result:  Senators Miller, Ward, and Green voted "Yea"            
and Senator Duncan voted "Nay."  The Chairman stated the motion                
carried.                                                                       
                                                                               
There being no further business to come before the committee, the              
meeting adjourned at 4:22 p.m.                                                 

Document Name Date/Time Subjects