Legislature(1997 - 1998)
1998-05-11 Senate Journal
Full Journal pdf1998-05-11 Senate Journal Page 4085 HB 344 CS FOR HOUSE BILL NO. 344(FIN) am An Act relating to paternity establishment and to support orders; relating to the crime of criminal nonsupport; relating to divorces, dissolutions, and actions to declare a marriage void; and providing for an effective date was read the second time. Senator Sharp, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4018. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 344(FIN) was adopted and read the second time. Senator Halford offered Amendment No. 1 : Page 1, line 5: Delete "PURPOSE" Insert "PURPOSE AND FINDINGS. (a)" Page 1, following line 9: Insert new material to read: "(b) The legislature finds that the federal requirements described in (a) of this section are unreasonable, onerous, and may do little to improve collection of child support. Further, the legislature finds that statutory changes required by the federal government violate the privacy clause contained in art. 1, sec. 22, Constitution of the State of Alaska, with regard to the collection of social security numbers from every person who fishes, hunts, drives, or applies for an occupational license and with regard to reports about the work status of every employee in the state without first establishing necessary safeguards to protect that information. Therefore, the legislature invokes application of the grace period for state constitutional amendments allowed under section (c), subtitle J, of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, in order to give the state time to provide the necessary safeguards in regulations to protect the privacy of its citizens. * Sec. 2. AS06.40.050(a) is amended to read: (a) Application for a license under this chapter shall be in writing and in the form prescribed by the department. ¦IF THE APPLICANT IS A NATURAL PERSON, THE APPLICATION FORM MUST REQUIRE SUBMISSION OF THE APPLICANTS SOCIAL SECURITY NUMBER.á 1998-05-11 Senate Journal Page 4086 HB 344 * Sec. 3. AS08.08.137 is amended to read: Sec. 08.08.137. Fingerprints ¦; SOCIAL SECURITY NUMBERá. The Board of Governors shall require an applicant for admission to be fingerprinted ¦AND TO PROVIDE THE APPLICANTS SOCIAL SECURITY NUMBERá. The fingerprints shall be used to determine whether the applicant has a record of criminal convictions in this state or another jurisdiction. The Board of Governors may use the information obtained from the fingerprinting only in its official determination of the character and fitness of the applicant for admission to the Alaska Bar Association. [THE APPLICANTS SOCIAL SECURITY NUMBER SHALL BE PROVIDED TO THE CHILD SUPPORT ENFORCEMENT AGENCY ESTABLISHED IN AS25.27.010, OR THE CHILD SUPPORT ENFORCEMENT AGENCY OF ANOTHER STATE, UPON REQUEST BY THE RESPECTIVE AGENCY; THE REQUESTING AGENCY MAY USE THAT INFORMATION ONLY FOR CHILD SUPPORT PURPOSES AUTHORIZED UNDER LAW.á" Renumber the following bill sections accordingly. Page 2, line 30, through page 3, line 25: Delete all material and insert: "* Sec. 8. AS16.05.450(a) is amended to read: (a) The commissioner or an authorized agent shall issue a crewmember fishing license under AS16.05.480 to each qualified person who files a written application at a place in the state designated by the commissioner, containing the reasonable information required by the commissioner together with the required fee. ¦THE COMMISSIONER SHALL REQUIRE THE REPORTING OF THE APPLICANTS SOCIAL SECURITY NUMBER ON THE APPLICATION.á The application shall be simple in form and shall be executed by the applicant under the penalty of unsworn falsification. * Sec. 9. AS16.05.480(b) is amended to read: (b) A person applying for a resident commercial license under this section shall provide ¦THE PERSONS SOCIAL SECURITY NUMBER ANDá the proof of residence that the department requires by regulation." 1998-05-11 Senate Journal Page 4087 HB 344 Renumber the following bill sections accordingly. Page 3, following line 31: Insert new bill sections to read: "* Sec. 11. AS18.60.395(a) is amended to read: (a) The Department of Labor shall adopt regulations for the licensing of boiler operators. The regulations must conform to the generally accepted nationwide standards and practices established for boiler operators. ¦IN ADDITION TO ANY REQUIREMENTS ADOPTED BY REGULATION UNDER THIS SUBSECTION, A PERSON APPLYING FOR A LICENSE SHALL PROVIDE TO THE DEPARTMENT, ON THE APPLICATION, THE PERSONS SOCIAL SECURITY NUMBER.á * Sec. 12. AS18.65.410(a) is amended to read: (a) Application for a license as a security guard must be made on forms provided by the commissioner. The application must require the furnishing of information reasonably required by the commissioner to carry out the provisions of AS18.65.400 - 18.65.490, including classifiable fingerprints to enable the search of criminal indices for evidence of a prior criminal record ¦, AND MUST REQUIRE THE FURNISHING OF THE APPLICANTS SOCIAL SECURITY NUMBER IF THE APPLICANT IS A NATURAL PERSONá. The application must be accompanied by a nonrefundable application fee of $50 for a security guard and $200 for a security guard agency. * Sec. 13. AS18.72.030 is amended to read: Sec. 18.72.030. Fireworks wholesalers license. (a) A person who desires to sell fireworks at wholesale in the state shall first make verified application for a license to the state fire marshal on forms provided by the state fire marshal. ¦THE FORMS MUST REQUIRE THE APPLICANT TO SUPPLY THE APPLICANTS SOCIAL SECURITY NUMBER IF THE APPLICANT IS A NATURAL PERSON.á The application shall be accompanied by an annual license fee of $50. (b) The license required under (a) of this section is valid until December 31 of the year during which it is issued and is renewable upon 1998-05-11 Senate Journal Page 4088 HB 344 ¦(1)á the payment of each subsequent annual license fee and affirmation that the information contained in the wholesalers original application for a fireworks wholesalers license is currently accurate ¦; AND (2) SUPPLYING THE WHOLESALERS SOCIAL SECURITY NUMBER IF IT HAS NOT PREVIOUSLY BEEN SUPPLIED UNDER (a) OF THIS SECTION AND IF THE WHOLESALER IS A NATURAL PERSONá." Renumber the following bill sections accordingly. Page 4, following line 11: Insert a new bill section to read: "* Sec. 15. AS23.20.110(e) is amended to read: (e) The department shall provide information ¦(1)á requested by a state or federal agency under an income and eligibility verification system that meets the requirements of 42 U.S.C. 1320b-7 (Social Security Act) ¦; OR (2) ASREQUIRED BY FEDERAL LAW FOR CHILD SUPPORT PURPOSESá." Renumber the following bill sections accordingly. Page 10, line 5, through page 11, line 27: Delete all material. Renumber the following bill sections accordingly. Page 23, lines 22 - 25: Delete all material and insert: "* Sec. 57. AS06.20.020(b); AS06.40.050(e); AS08.01.060(b), 08.01.100(e); AS09.10.040(b); AS14.20.027; AS16.05.450(d), 16.05.480(d); AS18.60.395(d); AS18.65.410(b); AS21.06.255; AS23.20.110(o); and AS39.25.080(e) are repealed." Renumber the following bill sections accordingly. 1998-05-11 Senate Journal Page 4089 HB 344 Page 23, line 27: Delete "1 - 12, 14 - 17, 19 - 26, 28 - 53, or 55" Insert "1 - 3, 5 - 16, 18 - 21, 23 - 29, or 31 - 56" Page 23, lines 27 - 29: Delete ", or the application of a provision enacted by secs. 1 - 12, 14 - 17, 19 - 26, 28 - 53, or 55 of this Act to any person or circumstance," Page 23, line 30: Delete "1 - 12, 14 - 17, 19 - 26, 28 - 53, and 55" Insert "1 - 3, 5 - 16, 18 - 21, 23 - 29, and 31 - 56" Page 23, line 31: Delete "1 - 12, 14 - 17, 19 - 26, 28 - 53, and 55" Insert "1 - 3, 5 - 16, 18 - 21, 23 - 29, and 31 - 56" Page 24, line 2: Delete "sec. 58" Insert "sec. 60" Page 24, line 4: Delete "13, 18, and 27" Insert "17, 22, and 30" Senator Halford moved for the adoption of Amendment No. 1. Objections were heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1998-05-11 Senate Journal Page 4090 HB 344 SCS CSHB 344(FIN) Second Reading Amendment No. 1 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Miller, Phillips, Taylor, Torgerson, Ward Nays: Adams, Duncan, Ellis, Hoffman, Kelly, Lincoln, Mackie, Parnell, Pearce, Sharp, Wilken and so, Amendment No. 1 failed. Senator Halford offered Amendment No. 2 : Page 1, line 5, following "PURPOSE": Insert "; FINDINGS" Page 1, line 9, following ".": Insert "The legislature finds that the federal requirements are unreasonable and constitutionally questionable, and the statutory changes that must be made to meet the federal requirements may do little to improve collection of child support. These statutory changes are being made only under duress from the federal government." Page 23, line 22: Delete all material and insert: "* Sec. 54. (a) AS09.10.040(b) is repealed. (b) The amendments made by secs. 3 - 9, 21 - 26, 30 - 33, 47, 51, and 52 of this Act, are repealed July 1, 2001. If a law is amended by secs. 3 - 9, 21 - 26, 30 - 33, 47, 51, or 52 of this Act by adding a new section or subsection, that new section or subsection is repealed July 1, 2001. If a law is amended by secs. 3 - 9, 21 - 26, 30 - 33, 47, 51, or 52 of this Act by adding new language to a section or subsection that existed before the effective date of this section, that section or subsection is repealed and reenacted on July 1, 2001, to read as it existed on the day before the amendment to the law under secs. 3 - 9, 21 - 26, 30 - 33, 47, 51, 1998-05-11 Senate Journal Page 4091 HB 344 or 52 of this Act took effect except that, if the same section or subsection is repealed and reenacted under sec. 148(c), ch. 87, SLA 1997, as amended by sec. 53 of this Act, that section or subsection is repealed and reenacted on July 1, 2001, to read as it existed on the day before the amendment to the law under ch. 87, SLA 1997, took effect. When implementing this subsection and sec. 148(c), ch. 87, SLA 1997, as amended by sec. 53 of this Act, the revisor of statutes may not retain any amendments made to the affected statutes that took effect or take effect from July 1, 1997, through June 30, 2001. (c) It is the intent of the legislature that the revisor of statutes' implementation of sec. 148(c), ch. 87, SLA 1997, as amended by sec. 53 of this Act, be consistent with the directions in (b) of this section, notwithstanding that different wording is used in the two provisions." Senator Halford moved for the adoption of Amendment No. 2. Objections were heard. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: SCS CSHB 344(FIN) Second Reading Amendment No. 2 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Miller, Phillips, Sharp, Taylor, Torgerson, Ward Nays: Adams, Duncan, Ellis, Hoffman, Kelly, Lincoln, Mackie, Parnell, Pearce, Wilken and so, Amendment No. 2 failed. Senator Taylor 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. 1998-05-11 Senate Journal Page 4092 HB 344 SENATE CS FOR CS FOR HOUSE BILL NO. 344(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 344(FIN) An Act relating to paternity establishment and to support orders; relating to the crime of criminal nonsupport; relating to divorces, dissolutions, and actions to declare a marriage void; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 344(FIN) Third Reading - Final Passage YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Mackie, Pearce, Wilken Nays: Green, Halford, Leman, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward and so, SENATE CS FOR CS FOR HOUSE BILL NO. 344(FIN) failed. Senator Mackie gave notice of reconsideration.