Legislature(2001 - 2002)
2001-02-05 Senate Journal
Full Journal pdf2001-02-05 Senate Journal Page 0267 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday February 5, 2001 Twenty-ninth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:12 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Minister Robert Taverner of the Church of Christ. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Father, we ask that You bless the day, that each matter of importance be decided with Your will. We ask that You bless the life of each senator and their families. Help them to guide our state in such a way that every person will benefit from their time of service. Help us to remember the importance of each and every life under their authority. Give them wisdom and a clean heart that seeks You and Your Kingdom. Thank You for our freedom and liberty. Thank You for these senators that desire to give their lives in service. Thank You for loving us. Please be with the village of Huslia as they grieve the loss of life there. Give them strength for the day and a hope for tomorrow. In Jesus' name, Amen. Senator Lincoln led the Senate in the Pledge of Allegiance. 2001-02-05 Senate Journal Page 0268 Certification Senator Leman moved and asked unanimous consent that the journals for the twenty-sixth through twenty-eighth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Standing Committee Reports SB 9 The Rules Committee considered SENATE BILL NO. 9 "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors." Signing to calendar: Senator Pearce, Chair, Senators Therriault, Phillips, Ellis, Cowdery. The bill is on today's calendar. SJR 6 The Rules Committee considered SENATE JOINT RESOLUTION NO. 6 Urging the Congress of the United States to provide federal education funds as a block grant to the state. Signing to calendar: Senator Pearce, Chair, Senators Therriault, Phillips, Cowdery. Signing under other recommendations: Senator Ellis. The resolution is on today's calendar SJR 8 The Rules Committee considered SENATE JOINT RESOLUTION NO. 8 Relating to supporting polling places at military installations and reserve component facilities. Signing to calendar: Senator Pearce, Chair, Senators Therriault, Phillips, Ellis, Cowdery. The resolution is on today's calendar. 2001-02-05 Senate Journal Page 0269 Introduction and Reference of Senate Bills SB 66 SENATE BILL NO. 66 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the authorizations for state financial institutions; relating to confidential financial records of depositors and customers of certain financial institutions; relating to the Alaska Banking Code, Mutual Savings Bank Act, Alaska Small Loans Act, and Alaska Credit Union Act; and providing for an effective date." was read the first time and referred to the Labor and Commerce, Judiciary and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Community and Economic Development Governor's transmittal letter dated February 2: Dear President Halford: This bill I transmit today allows state financial institutions to compete on equal terms with their federal counterparts by removing current restraints on the state's financial industry. These changes are encouraged under the federal Gramm-Leach-Bliley Act which permits the combining of banking institutions with insurance and securities businesses. Previous federal law prohibited this practice. This bill allows the Department of Community and Economic Development to grant state banks those powers enjoyed by national banks in a simplified, efficient process. 2001-02-05 Senate Journal Page 0270 The bill is patterned after federal law, but offers greater protection to depositor and consumer financial records. The state would use the more stringent practice of asking depositors and consumers to choose to allow specific disclosure of their records. Conversely, federal law and many other states allow disclosure unless the depositor or consumer specifically requests confidentiality. The bill also clarifies and updates existing statutes, partly in response to discussions with the financial industry. For example, the bill allows state banks to publish their financial reports in electronic form or in a local newspaper, and simplifies the procedure by which state banks obtain authority to install off-premises automated teller machines. The bill also removes the statutory limitation on the interest rate and fees state banks may charge on credit cards and grants credit unions the authority to issue credit cards. These provisions will keep Alaska banks competitive with out-of-state banks. As a means of modernizing Alaska's financial institutions, I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor SB 67 SENATE BILL NO. 67 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to assisted living homes and to liability for acts or omissions in the licensing, monitoring, or supervision of assisted living homes; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. 2001-02-05 Senate Journal Page 0271 The following fiscal information was published today: Fiscal Note No. 1, Department of Health and Social Services Fiscal Note No. 2, zero, Department of Administration Governor's transmittal letter dated February 2: Dear President Halford: Concerns over the health and safety of Alaska's assisted living home residents and the wish to ensure greater safety to these vulnerable citizens is the impetus behind this bill I am transmitting today. Current statutes regulating and licensing assisted living homes apply only to residential facilities that serve three or more adults. This bill expands the law to include any residential facility that receives state or federal payment for services, regardless of the number of adults the facility serves. The bill increases the safety of residents in assisted living homes in several ways, including: · Strengthening the requirements for criminal background checks for assisted living home employees; · Giving the state more flexibility to suspend or revoke licenses if an assisted living home operator is convicted of criminal offenses; · Allowing immediate suspension of a home's license under certain circumstances, particularly when serious life or safety concerns exist for the residents; · Allowing the state to petition for a court order to temporarily administer the home when serious life or safety concerns exist for the residents; · Allowing an assisted living home to terminate a resident's contract when the resident poses a risk to self, others or property. 2001-02-05 Senate Journal Page 0272 The bill also provides civil immunity for the state licensing agencies in licensing, monitoring, and supervising assisted living homes. This provision is intended to create protections similar to those afforded certain state agencies and personnel working in similar fields and promotes the ability for employees to do their jobs thoroughly without being subject to certain pressures for quick or rash decisions. The licensing agencies and the state would still be liable if the damage occurred due to grossly negligent or reckless, or intentional, conduct. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor SB 68 SENATE BILL NO. 68 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the accounting for and appropriation of fees for recording and related services by the Department of Natural Resources; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, Department of Natural Resources Governor's transmittal letter dated February 2: Dear President Halford: I am transmitting this bill to help ensure the state recorder's office can do the best possible job in its task as depository of vital documents related to real estate and secured personal property transactions throughout Alaska. 2001-02-05 Senate Journal Page 0273 Under this bill the customers who use the recorder's office, well over 50,000 contacts annually, will directly support its operations. Receipts for recording and other fees of this office will be accounted for separately and intended for appropriation to run the recording functions of the state. This funding method should provide the recorder's office with the resources needed to maintain and improve operations, including upgrading recording office systems to stay abreast of technological advances in the field, as well as to permanently preserve the millions of records in its custody. The state recorder's office is responsible for recording and preserving more than 200,000 documents per year. It is necessary to the health of Alaska's economy that this office functions efficiently and offers excellent service to its users. Sincerely, /s/ Tony Knowles Governor SB 69 SENATE BILL NO. 69 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 70 SENATE BILL NO. 70 BY THE SENATE FINANCE COMMITTEE, entitled: 2001-02-05 Senate Journal Page 0274 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 71 SENATE BILL NO. 71 BY SENATORS DAVIS, Ellis, entitled: "An Act establishing the third Saturday of each June as Juneteenth Day." was read the first time and referred to the State Affairs Committee. Consideration of the Calendar Second Reading of Senate Bills SB 9 SENATE BILL NO. 9 "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors" was read the second time. Senator Phillips, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 158. Without objection, CS FOR SENATE BILL NO. 9(L&C) "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; relating to the temporary member of that board; and providing for an effective date" was adopted and read the second time. Senator Leman 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. 9(L&C) was read the third time. 2001-02-05 Senate Journal Page 0275 The question being: "Shall CS FOR SENATE BILL NO. 9(L&C) "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; relating to the temporary member of that board; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 9(L&C) Third Reading - Final Passage Effective Dates YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, CS FOR SENATE BILL NO. 9(L&C) passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Second Reading of Senate Resolutions SJR 6 SENATE JOINT RESOLUTION NO. 6 Urging the Congress of the United States to provide federal education funds as a block grant to the state, was read the second time. Senator Kelly, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 233. Without objection, CS FOR SENATE JOINT RESOLUTION NO. 6(FIN) was adopted and read the second time. Senator Leman moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 2001-02-05 Senate Journal Page 0276 CS FOR SENATE JOINT RESOLUTION NO. 6(FIN) was read the third time. The question being: "Shall CS FOR SENATE JOINT RESOLUTION NO. 6(FIN) Urging the Congress of the United States to provide federal education funds as a block grant to the state, pass the Senate?" The roll was taken with the following result: CSSJR 6(FIN) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, CS FOR SENATE JOINT RESOLUTION NO. 6(FIN) passed the Senate and was referred to the Secretary for engrossment. SJR 8 SENATE JOINT RESOLUTION NO. 8 Relating to supporting polling places at military installations and reserve component facilities, was read the second time. Senator Therriault, Chair, moved and asked unanimous consent for the adoption of the State Affairs Committee Substitute offered on page 255. Without objection, CS FOR SENATE JOINT RESOLUTION NO.8(STA) Relating to supporting polling places at military installations, was adopted and read the second time. Senator Leman moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE JOINT RESOLUTION NO. 8(STA) was read the third time. 2001-02-05 Senate Journal Page 0277 The question being: "Shall CS FOR SENATE JOINT RESOLUTION NO. 8(STA) Relating to supporting polling places at military installations, pass the Senate?" The roll was taken with the following result: CSSJR 8(STA) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, CS FOR SENATE JOINT RESOLUTION NO. 8(STA) passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Karma Hibbetts Representative(s) Lancaster Senator(s) Torgerson, Wilken, Leman, Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Pearce, Hoffman In Memoriam - Don Douglas "Doug" Arduser Senator(s) Cowdery, Ward, Wilken, Leman, Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Pearce, Donley, Hoffman In Memoriam - Lavon White Senator(s) Taylor, Wilken, Leman, Elton, Davis, Lincoln, Austerman, Kelly, Green, Pearce, Hoffman In Memoriam - Fletcher Gilbert Machen Representative(s) Lancaster Senator(s) Torgerson, Ward, Wilken, Leman, Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Pearce, Hoffman Senator Leman moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 2001-02-05 Senate Journal Page 0278 Unfinished Business SJR 12 Senators Wilken, Taylor, Kelly, Green, Ward, Pearce, Cowdery, Austerman, Hoffman, Halford moved and asked unanimous consent to be shown as cosponsors on SENATE JOINT RESOLUTION NO. 12 Urging the United States Congress to amend the tax code to reduce the marriage penalty. Without objection, it was so ordered. Senator Pearce moved and asked unanimous consent to be excused from a call of the Senate on February 6. Without objection, Senator Pearce was excused. Announcements Announcements are at the end of the journal. Engrossment SB 9 CS FOR SENATE BILL NO. 9(L&C) "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; relating to the temporary member of that board; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SJR 6 CS FOR SENATE JOINT RESOLUTION NO. 6(FIN) Urging the Congress of the United States to provide federal education funds as a block grant to the state, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SJR 8 CS FOR SENATE JOINT RESOLUTION NO. 8(STA) Relating to supporting polling places at military installations, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2001-02-05 Senate Journal Page 0279 Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 6, 2001. Without objection, the Senate adjourned at 11:42 a.m. Heidi Vogel Secretary of the Senate February 2001 2001-02-05 Senate Journal Page 0280 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. SENATE STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS FAHRENKAMP 203 Feb 05 Monday 1:30 PM No Meeting Scheduled Feb 07 Wednesday 1:30 PM + SB 4 MUNICIPAL PROPERTY TAX EXEMPTION += SB 48 MUNICIPALITIES:INCORP/PROPERTY VALUATION Feb 09 Friday 1:30 PM No Meeting Scheduled Feb 10 Saturday 1:30 PM -- Time Change -- += SB 48 MUNICIPALITIES:INCORP/PROPERTY VALUATION ---------------------------------------- FINANCE SENATE FINANCE 532 Feb 05 Monday 9:00 AM Joint w/(H) Finance: Mark Hamilton, University of Alaska President Feb 06 Tuesday 9:00 AM + Overview: Diane Barrans AK Commission on Postsecondary Education += SB 16 OIL DISCH PREVENTION: NONTANK VESSELS/RR Feb 07 Wednesday 9:00 AM Status of Donald H. Carlson et al. vs State of AK Commercial Fisheries Entry Commission: Dept of Law, OMB, CFEC 2001-02-05 Senate Journal Page 0281 FINANCE (continued) Feb 08 Thursday 9:00 AM Overview: Annalee McConnell Governor's Supplemental Budget HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Feb 05 Monday 1:30 PM + SB 2 MUNICIPAL SCHOOL BOND REIMBURSEMENT + SB 11 COMPULSORY SCHOOL AGE += SB 19 CHILD SUPPORT ENFORCEMENT/SOC SEC. # Bills Previously Heard/Scheduled Feb 07 Wednesday 1:30 PM + SB 40 EDUC.OF DISABLED OR GIFTED CHILDREN + SB 64 HIGH SCHOOL DIPLOMA FOR CERTAIN WWII VETS Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY BELTZ 211 Feb 05 Monday 1:30 PM + SB 23 EXTEND TERMINATION DATE FOR BD OF PAROLE + SB 25 COMPACT FOR ADULT OFFENDER SUPERVISION Feb 07 Wednesday 1:30 PM Confirmation Hearing: Judicial Conduct, AK Judicial Council Feb 09 Friday 1:30 PM Confirmation Hearing: Violent Crimes Compensation Board ---------------------------------------- LABOR & COMMERCE BELTZ 211 Feb 06 Tuesday 1:30 PM + SB 58 ADD PHYSICIAN ASST TO STATE MEDICAL BOARD Feb 08 Thursday 1:30 PM SB 52 TERMINATION OF STATE PHYS THERAPY BOARD SB 53 EXTENDING THE BD. OF BARBERS/HAIRDRESSERS ---------------------------------------- 2001-02-05 Senate Journal Page 0282 RESOURCES BUTROVICH 205 Feb 05 Monday 3:30 PM + Natural Gas Pipeline Briefing: Foothills Pipelines Co. SENATE FINANCE 532 Feb 06 Tuesday 12:15 PM + -- Time and Location Change -- Joint w/(H) Resources Mining Industry Briefing BUTROVICH 205 Feb 07 Wednesday 3:30 PM + Natural Gas Pipeline Briefing: Gas Pipeline Consortium Feb 09 Friday 3:30 PM + Status Briefing on Donald H. Carlson et al. vs State of AK Commercial Fisheries Entry Commission: Dept of Law, OMB, CFEC + HJR 6 ROADLESS POLICY Feb 14 Wednesday 3:30 PM TAPS Briefing: David Wight, CEO and President, Alyeska Pipeline SENATE FINANCE 532 Feb 15 Thursday 12:00 PM -- Time and Location Change -- Joint w/(H) Resources and (H) Special Committee on Oil & Gas: Presentation on LNG Market in Japan and Asia: Shigeru Muraki, General Manager, Gas Resources Dept, Tokyo Gas Co. Ltd. ---------------------------------------- RULES FAHRENKAMP 203 Feb 05 Monday 10:45 AM SJR 6 EDUCATION BLOCK GRANTS SJR 8 VOTING SITES AT MILITARY INSTALLATIONS SB 9 BD OF ARCHITECTS,ENGINEERS,LAND SURV. ETC ---------------------------------------- 2001-02-05 Senate Journal Page 0283 STATE AFFAIRS BELTZ 211 Feb 06 Tuesday 3:30 PM + SJR 9 NATIONAL MISSILE DEFENSE SYSTEM + SJR 12 ELIMINATE MARRIAGE TAX PENALTY + SB 39 ASST. ADJUTANT GENERAL FOR MISSLE DEFENSE Feb 08 Thursday 3:30 PM + SB 54 ALASKA VETERANS ADVISORY COUNCIL + SB 55 PIONEERS' AND VETERANS' HOME/ADVISORY BD Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION BUTROVICH 205 Feb 06 Tuesday 1:30 PM No Meeting Scheduled Feb 08 Thursday 1:30 PM + HB 44 JOE REDINGTON SR. MEMORIAL TRAIL + SB 3 APPROP:ENV.ASSESS. NORTHERN DENALI ACCESS FINANCE SUBCOMMITTEES EDUCATION & EARLY DEVELOPMENT SENATE FINANCE 532 Feb 08 Thursday 8:00 AM Overview: Dept of Education and Early Development ---------------------------------------- HEALTH & SOCIAL SERVICES SENATE FINANCE 532 Feb 07 Wednesday 4:00 PM Missions and Measures: Div of Medical Assistance, Public Assistance, Public Health 2001-02-05 Senate Journal Page 0284 JOINT COMMITTEES LEGISLATIVE COUNCIL HOUSE FINANCE 519 Feb 08 Thursday 12:00 PM Fairbanks Office Lease Renewal Flag Pins Information Technology Subcommittee Pacific NW Economic Region Discussion