Legislature(1997 - 1998)
1998-01-28 Senate Journal
Full Journal pdf1998-01-28 Senate Journal Page 2327 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Seventeenth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:02 a.m. The roll showed seventeen members present. Senators Parnell, Taylor were excused from a call of the Senate. Senator Donley was absent. The prayer was offered by the Chaplain, Pastor Greg Lindsay of the Northern Light United Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. In deepest respect for the religious beliefs of everyone present, I invite you into a time of prayer and reflection. Let us pray: God of all time and space, God of past, present and future, we come this morning eager to do the work at hand. We have been called into a life of service, and with Your help, we will fulfill our calling. This morning we pray for patience during long hours, wisdom to discern how best to serve the least and the lost, and humor which keeps us from forgetting our place in this universe; only inches above the earth, but miles below the heavens. Amen. Senator Adams led the Senate in the Pledge of Allegiance. 2327 1998-01-28 Senate Journal Page 2328 Certification Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the sixteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Standing Committee Reports SB 195 The Labor and Commerce Committee considered SENATE BILL NO. 195 An Act relating to common law liens, to remedies, costs, and fees imposed for the registration, filing, or recording of certain nonconsensual common law liens, and to penalties for recording common law liens. Signing do pass: Senator Leman, Chair, Senators Kelly, Mackie. Zero fiscal notes published today from Alaska Court System, Department of Law. The bill was referred to the Judiciary Committee. The presence of Senator Donley was noted. SB 223 The State Affairs Committee considered SENATE BILL NO. 223 An Act lowering the age requirement from 60 years to 55 years for purposes of senior housing programs; and repealing a provision relating to the interest rate on senior housing loans made by the Alaska Housing Finance Corporation. Signing do pass: Senator Green, Chair, Senators Mackie, Ward. Zero fiscal note published today from Department of Revenue. The bill was referred to the Rules Committee. SB 157 The Rules Committee considered SENATE BILL NO. 157 An Act establishing a childrens trust motor vehicle registration plate. Signing to calendar: Senator Kelly, Chair, Senators Torgerson, Leman, Taylor. 1998-01-28 Senate Journal Page 2329 SB 157 The bill is on todays calendar. SB 220 The Rules Committee considered SENATE BILL NO. 220 An Act making a supplemental appropriation to the Alaska Permanent Fund Corporation; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Torgerson, Leman, Taylor. The bill is on todays calendar. Introduction and Reference of Senate Bills SB 266 SENATE BILL NO. 266 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to Medicaid coverage for certain eligible children and pregnant women; relating to primary care case management and managed care services as optional services and to premiums and cost-sharing contributions under the Medicaid program; establishing the Healthy Families Alaska program; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. Zero fiscal notes published today from Department of Health and Social Services (2). Governors transmittal letter dated January 27: Dear President Miller: The state of Alaska has a unique opportunity to expand health coverage for the children and pregnant women of Alaskas working families, and to help new parents with the skills they need to raise healthy, happy kids who are prepared for a bright future. Today, I 1998-01-28 Senate Journal Page 2330 SB 266 am transmitting a bill that seizes that opportunity. This legislation is part of my Smart Start for Alaska's Children initiative -- giving kids the chance for a healthy start in life. This bill takes advantage of a new federal program to increase income eligibility for Medicaid to include children and pregnant women whose family incomes are below 200 percent of the federal poverty level. The Department of Health and Social Services estimates this new coverage will reach 11,600 children and 800 pregnant women who need, but currently cannot afford health insurance. The bill also authorizes the department to establish methods for case management and premium cost-sharing to make this new program as efficient and equitable as possible. Especially appealing about this program is that it will cost the state no new general fund dollars because of increased federal funding for the state's Medicaid program. This bill proposes to reallocate about $7 million of general funds no longer required to match federal Medicaid dollars as the state's share for expanded children's health coverage. That $7 million will in turn leverage nearly $18 million new federal Medicaid dollars. I can think of no better use than children's health for a portion of our Medicaid savings. This bill also formally establishes in law the Healthy Families Alaska program, which provides education and support services to pregnant women and the families of children under age five. This proven program offers home visits designed to meet the needs of parents for information, emotional support, stress management, and assistance with other negative factors that undermine parents' health habits and the care of their children. Service providers work with families to ensure children receive medical care, such as immunizations, parents receive job training and substance abuse programs if needed, and mothers receive prenatal care the "smartest start" we can offer Alaska's children. Programs such as expanded health care and home visits for new parents have been proven to help reduce child abuse. The state of Vermont, for instance, experienced significant drops in child abuse and neglect after adopting initiatives similar to this proposal. Because child abuse and neglect make it more likely a child will 1998-01-28 Senate Journal Page 2331 SB 266 resort to violence, health care and home visitation programs that prevent abuse and neglect are considered an effective, long-term strategy for preventing future crime and the public and private costs associated with it. I can think of nothing more valuable for us to offer Alaska's children and families than the opportunity for a physical and emotional healthy start in life. This bill offers an excellent avenue for that effort and deserves your attention and prompt action. Sincerely, /s/ Tony Knowles Governor SB 267 SENATE BILL NO. 267 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, lease-purchase agreements for the first phase of the upgrade, expansion, and replacement of correctional facilities; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. Fiscal notes published today from Department of Corrections, Department of Revenue. Zero fiscal note published today from Department of Administration. Governors transmittal letter dated January 26: Dear President Miller: Virtually all of Alaska's jails and prisons are operating beyond the capacity for which they were designed. This overcrowding 1998-01-28 Senate Journal Page 2332 SB 267 constitutes an increasing threat to public safety that requires immediate action. As the first phase of a comprehensive regional plan to address the problem, I am transmitting this bill to upgrade, expand or replace three correctional facilities located in Anchorage, Bethel, and Sutton. The expansion and replacement of these three facilities would add about 669 beds to the statewide prison and jail system at a total construction cost of about $88.5 million. This bill authorizes funding the projects through tax-exempt lease/purchase financing agreements with the communities where the facilities are located. This method of funding reflects the government-to-government partnerships essential to the success of an institution that is operated by the state within a community. The state-run Sixth Avenue jail for misdemeanants in Anchorage has a current capacity of only 104 inmates, but routinely houses as many as 150. The proposed replacement facility would open in 2002 and house approximately 400. New construction costs are estimated at $67 million and additional annual operating expenses over current operating expenses are estimated at approximately $9 million. A municipal site-selection process involving the public will determine the location of the new correctional facility. The State of Alaska and the Municipality of Anchorage have long recognized the need to replace this 35-year-old facility, which is simply worn out and unable to provide adequate public protection. Bethel's jail, the Yukon-Kuskokwim Correctional Center (YKCC), was built for 88 inmates and routinely houses nearly 130. Even at that, many Bethel inmates are currently sent to other facilities because of the overcrowding at YKCC. This bill authorizes the financing to expand YKCC by 48 beds. The costs of construction, which should be completed by 2001, are estimated at $5 million, while the annual operating costs will be $1 million. Of all the state's correctional facilities, YKCC's overcrowding has continued unabated for the longest period of time. Bethel is a regional hub and prisoners from throughout the Yukon-Kuskokwim Delta are housed at YKCC. The correctional facility routinely places 1998-01-28 Senate Journal Page 2333 SB 267 unsentenced misdemeanants in halfway houses and transfers sentenced felons to other correctional facilities as soon as possible; nonetheless, dangerous levels of overcrowding continue to exist at YKCC. The third project this bill authorizes is the upgrade and expansion of the Palmer Correctional Center located in Sutton. The current 340- bed facility was built with future expansion in mind and has an infrastructure designed to handle the needs of up to 600 inmates. This bill proposes financing of $16.5 million for two projects at the facility: upgrading the security level of the entire facility to medium security and adding 221 new beds to the facility. This equates to approximately $75,000 per additional prison bed, which is considerably lower than the cost would be to construct a new facility. The estimated additional annual operating expense for the expansion is $4.1 million. Unfortunately, hundreds more prison and jail beds are needed in Alaska as the increasing population trends show no sign of abating. At the current pace, by 1999, our inmate population will require as many as 700 more beds than are available. In addition to replacing the Sixth Avenue jail and expanding YKCC and the Palmer Correctional Center, the state must also expand the Wildwood Correctional Center in Kenai, the Mat-Su Pretrial facility in Palmer, the Fairbanks Correctional Center, and the Lemon Creek Correctional Center in Juneau. These needs will be addressed in future legislation. However, we cannot simply build our way out of this problem. The other two facets of this overall plan rely on reducing the number of low-risk offenders who enter the states correctional facilities and decreasing the length of time spent by low-risk offenders in these facilities. The newly established Criminal Justice Assessment Commission will assist the state in examining strategies in those areas. The commission will work with the many different components of the criminal justice system to ensure all offenders are held appropriately accountable for their conduct. The commissions recommendations should help make the system more cost-effective and promote efficiencies that relieve prison overcrowding. 1998-01-28 Senate Journal Page 2334 SB 267 In concert with the commission's work, the state plans to increase its use of Community Residential Centers (CRC) or halfway houses, which are for offenders who present a low risk of danger to the community. The department now uses about 400 more CRC beds than in 1990, but this number can continue to grow. Alaska has thousands of repeat and serious violent offenders, however, who cannot be permitted to threaten the safety of our families and our communities. These prisoners must be incarcerated in secure jails and prisons. For this to happen, Alaska must increase the capacity of its jails and prisons as proposed in this bill. Overcrowding in correctional facilities leads to violence in the facilities, increases the possibility of prisoner escapes, and limits the ability to provide rehabilitation and required treatment for prisoners. The Department of Corrections has been under court order for years to solve the prison overcrowding problem. Fines are accruing against the state at the rate of $140,000 a month and now total over $2 million. The expansion of our prisons and jails as proposed in this bill is an essential part of the solution. Sincerely, /s/ Tony Knowles Governor SB 268 SENATE BILL NO. 268 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: An Act relating to the assignment to the Department of Labor of certain wage claims; and providing for an effective date. was read the first time and referred to the Labor and Commerce and Judiciary Committees. 1998-01-28 Senate Journal Page 2335 SB 269 SENATE BILL NO. 269 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: An Act relating to the state plumbing code; and providing for an effective date. was read the first time and referred to the Labor and Commerce Committee. Consideration of the Calendar Second Reading of Senate Bills SB 157 SENATE BILL NO. 157 An Act establishing a childrens trust motor vehicle registration plate was read the second time. Senator Sharp, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2275. Without objection, CS FOR SENATE BILL NO. 157(FIN) was adopted and read the second time. Senator Leman, Acting Majority Leader, 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. CS FOR SENATE BILL NO. 157(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 157(FIN) An Act establishing a childrens trust motor vehicle registration plate pass the Senate? The roll was taken with the following result: 1998-01-28 Senate Journal Page 2336 SB 157 CSSB 157(FIN) Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Parnell, Taylor and so, CS FOR SENATE BILL NO. 157(FIN) passed the Senate and was referred to the Secretary for engrossment. SB 220 SENATE BILL NO. 220 An Act making a supplemental appropriation to the Alaska Permanent Fund Corporation; and providing for an effective date was read the second time. Senator Pearce, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2294. Without objection, CS FOR SENATE BILL NO. 220(FIN) was adopted and read the second time. Senator Halford offered Title Amendment No. 1: Page 1, line 2 after Corporation: Insert for payment of management fees for fiscal year 1998 Senator Halford moved for the adoption of Title Amendment No. 1. Senator Kelly objected, then withdrew his objection. There being no further objections, Title Amendment No. 1 was adopted. Senator Leman, Acting Majority Leader, 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. 1998-01-28 Senate Journal Page 2337 SB 220 CS FOR SENATE BILL NO. 220(FIN)(title am) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 220(FIN)(title am) An Act making a supplemental appropriation to the Alaska Permanent Fund Corporation for payment of management fees for fiscal year 1998; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 220(FIN)(title am) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Parnell, Taylor and so, CS FOR SENATE BILL NO. 220(FIN)(title am) passed the Senate. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations Honoring - L. Rowland Baxter on his 94th Birthday Representative(s) Hanley Senator(s) Pearce, Green, Lincoln, Leman, Kelly, Taylor, Mackie, Duncan Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 1998-01-28 Senate Journal Page 2338 Unfinished Business Senators Adams, Halford moved and asked unanimous consent that they be excused from a call of the Senate on February 2 through February 4. Without objection, Senators Adams, Halford were excused. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate on February 6. Without objection, Senator Lincoln was excused. Announcements Announcements are at the end of the journal. Engrossment SB 157 CS FOR SENATE BILL NO. 157(FIN) An Act establishing a childrens trust motor vehicle registration plate was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 220 CS FOR SENATE BILL NO. 220(FIN)(title am) An Act making a supplemental appropriation to the Alaska Permanent Fund Corporation for payment of management fees for fiscal year 1998; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 29, 1998. Without objection, the Senate adjourned at 11:28 a.m. Nancy Quinto Secretary of the Senate January 1998 1998-01-28 Senate Journal Page 2339 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 COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 JAN 28 WEDNESDAY 0:00 AM NO MEETING SCHEDULED JAN 30 FRIDAY 0:00 AM NO MEETING SCHEDULED FEB 02 MONDAY 1:30 PM + COMMUNITY & REGIONAL AFFAIRS ---------------------------------------- FINANCE SENATE FINANCE 532 JAN 28 WEDNESDAY 9:00 AM + OMB OVERVIEW FY99 CAPITAL BUDGET + SB 231APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING + SB 230APPROPRIATION: MENTAL HEALTH PROGRAM JAN 29 THURSDAY 8:00 AM HOUSE FINANCE 519 -- TIME CHANGE AND LOCATION CHANGE-- SENATE FINANCE IS SPONSORING A FORUM OF PERMANENT FUND MANAGERS WHO WILL GIVE A CAPITAL MARKETS OUTLOOK FOR 1998 ALL LEGISLATORS ARE INVITED TO ATTEND JAN 29 THURSDAY 9:00 AM <PREVIOUSLY SCHEDULED BILLS> 1998-01-28 Senate Journal Page 2340 FINANCE CONTINUED JAN 30 FRIDAY 9:00 AM <PREVIOUSLY SCHEDULED BILLS> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 JAN 28 WEDNESDAY 9:00 AM + SCR 19PROTOTYPE SCHOOL DESIGN + HB 189RESTRICT TOBACCO SALES JAN 30 FRIDAY 9:00 AM + SB 181ABORTION COSTS: GENERAL RELIEF/PARENTS + SCR 14PARITY FOR MENTAL HEALTH TASK FORCE ---------------------------------------- JUDICIARY BELTZ ROOM 211 JAN 28 WEDNESDAY 2:00 PM -- TIME CHANGE -- + SB 219OFFICE OF VICTIMS ADVOCACY <CONTINUED FROM 1/21/98> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 JAN 29 THURSDAY 1:30 PM + SB 254LEVY ON PERMANENT FUND DIVIDEND ---------------------------------------- RESOURCES BUTROVICH ROOM 205 JAN 28 WEDNESDAY 3:30 PM + SJR 33SUPPORT AMERICAN FISHERIES ACT <BILLS PREVIOUSLY HEARD/SCHEDULED> JAN 30 FRIDAY 3:30 PM + BRIEFING: WATERWAY MANAGEMENT ISSUES ---------------------------------------- 1998-01-28 Senate Journal Page 2341 RULES FAHRENKAMP RM 203 JAN 30 FRIDAY 0:00 AM SB 221NEGATIVELY AMORTIZING LOANS SB 223SENIOR HOUSING CONTRACT FOR SERVICES - RICHARD SWARNER ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 JAN 29 THURSDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 JAN 29 THURSDAY 1:30 PM SB 251NAMING HERMAN LEIRER ROAD SB 211RENAMING VET MEM BRIDGE IN KETCHIKAN JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 JAN 30 FRIDAY 8:15 AM EXECUTIVE SESSION OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH ROOM 205 JAN 28 WEDNESDAY 12:00 PM WILL MEET EVERY WEDNESDAY AT NOON IN THE BUTROVICH ROOM ---------------------------------------- MISCELLANEOUS MEETINGS HOUSE FINANCE 519 JAN 29 THURSDAY 8:00 AM SENATE FINANCE IS SPONSORING A FORUM OF PERMANENT FUND MANAGERS WHO WILL GIVE A CAPITAL MARKETS OUTLOOK FOR 1998 ALL LEGISLATORS ARE INVITED TO ATTEND