Legislature(1997 - 1998)
04/03/1997 03:35 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
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.
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