Legislature(2015 - 2016)

2015-05-16 House Journal

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2015-05-16                     House Journal                      Page 1185
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                        TWENTY-NINTH LEGISLATURE                                                                             
                                                                                                                                
                          FIRST SPECIAL SESSION                                                                              
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Saturday                  May 16, 2015                                                       
                                                                                                                                
                             Nineteenth Day                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
The House was called to order by Speaker pro tempore Millett at                                                                 
10:33 a.m.                                                                                                                      
                                                                                                                                
                                                                                                                                
The following members were present for the technical session:                                                                   
Representatives Millett, Kito, and Munoz.                                                                                       
                                                                                                                                
                                                                                                                                
                       MESSAGES FROM THE GOVERNOR                                                                            
                                                                                                                                
HB 4                                                                                                                          
A message dated May 14, 2015, was read stating the Governor signed                                                              
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    HOUSE BILL NO. 4                                                                                                            
    "An Act relating to automated external defibrillators."                                                                     
                                                                                                                                
    Chapter No. 19, SLA 2015                                                                                                    
    Effective Date:  August 12, 2015                                                                                            
                                                                                                                                
                                                                                                                                
HB 5                                                                                                                          
The following letter was dated and received May 14, 2015, at                                                                    
5:06 p.m.:                                                                                                                      
                                                                                                                                

2015-05-16                     House Journal                      Page 1186
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority vested in me by Article II, Section 15, of the                                                              
Alaska Constitution, I have vetoed the following bill:                                                                          
                                                                                                                                
    SENATE CS FOR HOUSE BILL NO. 5(JUD)                                                                                         
    "An Act relating to the persons who may be appointed guardians                                                              
     of incapacitated persons or conservators of protected persons."                                                           
                                                                                                                                
This bill would remove restrictions in current law upon who the court                                                           
may appoint as a guardian or conservator for an incapacitated or                                                                
protected person, but does so without the necessary safeguards to                                                               
ensure those persons appointed will act in the best interests of the                                                            
incapacitated or protected person.                                                                                              
                                                                                                                                
Under current law, the court may appoint a person as a guardian or                                                              
conservator, despite a potential conflict of interest, only if the person                                                       
is the spouse, adult child, parent, or sibling of the incapacitated or                                                          
protected person and the court finds that the potential conflict of                                                             
interest is insubstantial and that the appointment would clearly be in                                                          
the best interest of the incapacitated or protected person. The most                                                            
common type of conflict of interest is when the person to be appointed                                                          
as a guardian or conservator is also serving as a service provider to the                                                       
incapacitated or protected person. The bill would remove the                                                                    
requirement that a person with a potential conflict of interest be a                                                            
family member. In short anyone - related or not - to the person in                                                              
need of protection could have legal control over the vulnerable                                                                 
person's legal affairs and finances. Although the bill would still                                                              
require the court to make written finding as to the nature and scope of                                                         
the conflict of interest, that requirement is not enough to ensure that                                                         
guardians and conservators who are not family members will act in the                                                           
best interest of the protected person. More protections, such as                                                                
requiring a background check for example, would be needed in order                                                              
for me to be assured that vulnerable Alaskans will be protected.                                                                
                                                                                                                                
As originally proposed by the sponsor, the bill would have addressed                                                            
conservatorships only, and would have required that the person with a                                                           
potential conflict of interest could be appointed conservator if that                                                           
person was an adult related by blood, marriage, or adoption to the                                                              
protected person (instead of being the spouse, adult child, parent, or                                                          

2015-05-16                     House Journal                      Page 1187
sibling). But, during the legislative process, the bill was amended so to                                                       
allow an unrelated person with a potential conflict of interest to be                                                           
appointed as a guardian or conservator. This broadening of the pool of                                                          
persons who could serve as a guardian or conservator was not                                                                    
accompanied by needed safeguards to ensure only reliable and                                                                    
trustworthy persons would be appointed.                                                                                         
                                                                                                                                
                                                                                                                                
My objections are based on the sad reality that opportunities for abuse                                                         
and fraud exist within the framework of guardianships and                                                                       
conservatorships. By making it easier for service providers to be                                                               
appointed as guardians and conservators, the bill raises the risk that                                                          
seniors, and those very dependent on others, could be at risk of                                                                
financial abuse and exploitation by those tasked with their care. I am                                                          
particularly concerned about our elder citizens and the possibility this                                                        
bill could make them more vulnerable to elder financial abuse.                                                                  
Unfortunately, the incidence of elder financial abuse is significant, and                                                       
the consequences are devastating. Numerous news reports and studies                                                             
highlight that incidences of financial loss due to financial exploitation                                                       
of elders is a growing problem. In addition to the mental distress                                                              
caused to victims, the financial toll on victims, their families, and the                                                       
agencies that serve vulnerable adults is enormous. An elderly person                                                            
who is the victim of financial abuse may be more likely to require                                                              
state services, such as adult protective services and medical assistance.                                                       
                                                                                                                                
                                                                                                                                
Since the scope of the problem of financial abuse is enormous and                                                               
complex, we must proceed very cautiously and ensure that maximum                                                                
protections exist in State law to thwart the problems of financial and                                                          
other abuse against elders and other vulnerable persons by those very                                                           
persons appointed to protect them. This bill lacks the comprehensive                                                            
and cautious approach required.                                                                                                 
                                                                                                                                
For these reasons, I have vetoed SCS HB 5 (JUD).                                                                                
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor"                                                                                                                       
                                                                                                                                

2015-05-16                     House Journal                      Page 1188
HB 15                                                                                                                         
A message dated May 14, 2015, was read stating the Governor signed                                                              
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 15(JUD)                                                                                 
    "An Act relating to credits toward a sentence of imprisonment for                                                           
    certain persons under electronic monitoring; and relating to                                                                
    mitigating factors at sentencing."                                                                                          
                                                                                                                                
    Chapter No. 20, SLA 2015                                                                                                    
    Effective Date:  August 12, 2015                                                                                            
                                                                                                                                
HB 26                                                                                                                         
A message dated May 14, 2015, was read stating the Governor signed                                                              
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    SENATE CS FOR HOUSE BILL NO. 26(L&C)                                                                                        
    "An Act extending the termination date of the Board of Certified                                                            
    Direct-Entry Midwives; requiring an interim report regarding the                                                            
    board's audit compliance and budget deficit; and providing for an                                                           
    effective date."                                                                                                            
                                                                                                                                
    Chapter No. 18, SLA 2015                                                                                                    
    Effective Date:  May 15, 2015                                                                                               
                                                                                                                                
                                                                                                                                
HB 70                                                                                                                         
A message dated May 14, 2015, was read stating the Governor signed                                                              
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 70(RES)                                                                                 
    "An Act adding land and water to the Creamer's Field Migratory                                                              
    Waterfowl Refuge."                                                                                                          
                                                                                                                                
    Chapter No. 21, SLA 2015                                                                                                    
    Effective Date:  August 12, 2015                                                                                            
                                                                                                                                

2015-05-16                     House Journal                      Page 1189
SB 5                                                                                                                          
A message dated May 11, 2015, was read stating the Governor signed                                                              
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    SENATE BILL NO. 5                                                                                                           
    "An Act relating to loss of income and valuing property for orders                                                          
    of restitution."                                                                                                            
                                                                                                                                
    Chapter No. 17, SLA 2015                                                                                                    
    Effective Date:  August 9, 2015                                                                                             
                                                                                                                                
SB 15                                                                                                                         
A message dated May 11, 2015, was read stating the Governor signed                                                              
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    SPONSOR SUBSTITUTE FOR SENATE BILL NO. 15                                                                                   
    "An Act relating to the tax on policy year premiums for life                                                                
    insurance policies."                                                                                                        
                                                                                                                                
    Chapter No. 13, SLA 2015                                                                                                    
    Effective Date:  August 9, 2015                                                                                             
                                                                                                                                
SB 19                                                                                                                         
A message dated May 11, 2015, was read stating the Governor signed                                                              
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    CS FOR SENATE BILL NO. 19(CRA)                                                                                              
    "An Act relating to road service area boundary changes."                                                                    
                                                                                                                                
    Chapter No. 14, SLA 2015                                                                                                    
    Effective Date:  August 9, 2015                                                                                             
                                                                                                                                
SB 34                                                                                                                         
A message dated May 11, 2015, was read stating the Governor signed                                                              
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                

2015-05-16                     House Journal                      Page 1190
    CS FOR SENATE BILL NO. 34(FIN)                                                                                              
    "An Act relating to investment of the power cost equalization                                                               
    endowment fund; and providing for an effective date."                                                                       
                                                                                                                                
    Chapter No. 11, SLA 2015                                                                                                    
    Effective Date:  May 12, 2015                                                                                               
                                                                                                                                
SB 35                                                                                                                         
A message dated May 14, 2015, was read stating the Governor signed                                                              
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    SENATE BILL NO. 35                                                                                                          
    "An Act making corrective amendments to the Alaska Statutes as                                                              
    recommended by the revisor of statutes; and providing for an                                                                
    effective date."                                                                                                            
                                                                                                                                
    Chapter No. 22, SLA 2015                                                                                                    
    Effective Date:  See Chapter                                                                                                
                                                                                                                                
SB 43                                                                                                                         
A message dated May 11, 2015, was read stating the Governor signed                                                              
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    HOUSE CS FOR CS FOR SENATE BILL NO. 43(JUD)                                                                                 
    "An Act relating to immunity for a fire department and employees                                                            
    or members of a fire department."                                                                                           
                                                                                                                                
    Chapter No. 15, SLA 2015                                                                                                    
    Effective Date:  August 9, 2015                                                                                             
                                                                                                                                
SB 70                                                                                                                         
A message dated May 11, 2015, was read stating the Governor signed                                                              
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    HOUSE CS FOR CS FOR SENATE BILL NO. 70(RES)                                                                                 
    "An Act relating to exceptions from designation as a special                                                                
    purpose site under art. VIII, sec. 7 of the Constitution of the State                                                       

2015-05-16                     House Journal                      Page 1191
    of Alaska for portions of Denali State Park, Captain Cook State                                                             
    Recreation Area, Nancy Lake State Recreation Area, and Willow                                                               
    Creek State Recreation Area to allow leasing a right-of-way for a                                                           
    natural gas pipeline."                                                                                                      
                                                                                                                                
    Chapter No. 12, SLA 2015                                                                                                    
    Effective Date:  August 9, 2015                                                                                             
                                                                                                                                
                                                                                                                                
SB 71                                                                                                                         
A message dated May 11, 2015, was read stating the Governor signed                                                              
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    SENATE BILL NO. 71                                                                                                          
    "An Act relating to the practice of pharmacy; and relating to the                                                           
     administration of vaccines and related emergency medications."                                                            
                                                                                                                                
    Chapter No. 16, SLA 2015                                                                                                    
    Effective Date:  August 9, 2015                                                                                             
                                                                                                                                
                                                                                                                                
                               ENROLLMENT                                                                                    
                                                                                                                                
HCR 13                                                                                                                        
The following was enrolled, signed by the Speaker and Chief Clerk,                                                              
President and Secretary of the Senate, and the engrossed and enrolled                                                           
copies were transmitted to the Office of the Governor at 2:30 p.m.,                                                             
May 14, 2015:                                                                                                                   
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 13                                                                                          
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                              
    the Alaska State Legislature, concerning Senate Joint Resolution                                                            
    No. 16, expressing support for the Arctic Economic Council and                                                              
    the United States Arctic Economic Council delegation; requesting                                                            
    that the United States Congress express support for the Arctic                                                              
    Economic Council, for the chair of the Arctic Economic Council                                                              
    to be a resident of this state, and for the structure of the Arctic                                                         
    Economic Council leadership to mirror the rotation of the chair of                                                          
    the Arctic Council; and urging the United States Congress to                                                                

2015-05-16                     House Journal                      Page 1192
    empower residents of the state as partners in the Arctic Economic                                                           
    Council.                                                                                                                    
                                                                                                                                
    Legislative Resolve No. 24                                                                                                  
                                                                                                                                
                                                                                                                                
HB 131                                                                                                                        
The following was enrolled, signed by the Speaker and Chief Clerk,                                                              
President and Secretary of the Senate, and the engrossed and enrolled                                                           
copies were transmitted to the Office of the Governor at 2:30 p.m.,                                                             
May 14, 2015:                                                                                                                   
                                                                                                                                
    HOUSE BILL NO. 131 am                                                                                                       
    "An Act relating to the licensure of nail technicians and                                                                   
    hairdressers; relating to the practice of manicuring; and providing                                                         
    for an effective date."                                                                                                     
                                                                                                                                
                                                                                                                                
HB 135                                                                                                                        
The following was enrolled, signed by the Speaker and Chief Clerk,                                                              
President and Secretary of the Senate, and the engrossed and enrolled                                                           
copies were transmitted to the Office of the Governor at 2:30 p.m.,                                                             
May 14, 2015, with a manifest error memorandum (page 1177):                                                                     
                                                                                                                                
    HOUSE BILL NO. 135                                                                                                          
    "An Act establishing a Roth contribution program for the public                                                             
    employees' deferred compensation program; and providing for an                                                              
    effective date."                                                                                                            
                                                                                                                                
                                                                                                                                
HB 161                                                                                                                        
The following was enrolled, signed by the Speaker and Chief Clerk,                                                              
President and Secretary of the Senate, and the engrossed and enrolled                                                           
copies were transmitted to the Office of the Governor at 2:30 p.m.,                                                             
May 14, 2015:                                                                                                                   
                                                                                                                                
    CS FOR HOUSE BILL NO. 161(HSS)                                                                                              
    "An Act relating to the purchase of durable medical equipment                                                               
    under Medicaid; and providing for an effective date."                                                                       
                                                                                                                                

2015-05-16                     House Journal                      Page 1193
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Munoz, Acting Majority Leader, moved and asked                                                                   
unanimous consent that the House adjourn until 10:30 a.m., May 19,                                                              
2015.  There being no objection, the House adjourned at 10:37 a.m.                                                              
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk