Legislature(2001 - 2002)

03/15/2001 09:41 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                              MINUTES                                                                                         
                     SENATE FINANCE COMMITTEE                                                                                 
                          March 15, 2001                                                                                      
                              9:41 AM                                                                                         
                                                                                                                                
                                                                                                                                
TAPES                                                                                                                       
                                                                                                                                
SFC-01 # 43, Side A                                                                                                             
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair Pete Kelly convened the meeting at approximately 9:41 AM.                                                              
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Dave Donley, Co-Chair                                                                                                   
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Jerry Ward, Vice Chair                                                                                                  
Senator Loren Leman                                                                                                             
Senator Lyda Green                                                                                                              
Senator Gary Wilken                                                                                                             
Senator Alan Austerman                                                                                                          
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
Also Attending:  REPRESENTATIVE ELDON MULDER; HANS NEIDIG, Staff to                                                           
Senator Green                                                                                                                   
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
SB 112-LONG-TERM CARE OMBUDSMAN; MENTAL HLTH AUTH                                                                               
                                                                                                                                
The Committee heard from the sponsor, adopted a committee                                                                       
substitute and MOVED the bill from Committee.                                                                                   
                                                                                                                                
HB  90-MUNICIPAL SCHOOL BOND REIMBURSEMENT                                                                                      
                                                                                                                                
The Committee heard from the sponsor and the bill was HELD in                                                                   
Committee.                                                                                                                      
                                                                                                                                
                                                                                                                                
     HOUSE BILL NO. 112                                                                                                         
     "An  Act relating  to  information  and services  available  to                                                            
     pregnant  women  and  other  persons;   and ensuring   informed                                                            
     consent  before an abortion may  be performed, except  in cases                                                            
     of medical emergency."                                                                                                     
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Senator Green moved for  adoption of CS SB 112 22-LS0423\L, 3/12/01,                                                            
as a working draft. Without objection, it was ADOPTED.                                                                          
                                                                                                                                
HANS NEIDIG,  Staff  for Senator Green,  read a  statement into  the                                                            
record as follows.                                                                                                              
                                                                                                                                
     SB 112 would place  employees of the Alaska Mental Health Trust                                                            
     Authority  (AMHTA) in the exempt service, while  establishing a                                                            
     minimum salary for the Long Term Care Ombudsman.                                                                           
                                                                                                                                
     SB 112  was introduced at the  request of the AMHTA  to address                                                            
     concerns  about  their ability  to  function efficiently  as  a                                                            
     state corporation.                                                                                                         
                                                                                                                                
     Unlike  other state boards, commissions  and authorities  whose                                                            
     employees   are  placed   in  the  exempt   service  under   AS                                                            
     39.25.110(11),  the  AMHTA's employees  are not  in the  exempt                                                            
     service. This is despite  the fact that the fiduciary duty owed                                                            
     to  the beneficiaries  by  the  Trust requires  that  employees                                                            
     perform  at  the highest  levels  of  competency,  since  their                                                            
     actions  could jeopardize the  assets and/or management  of the                                                            
     Trust.                                                                                                                     
                                                                                                                                
     Additionally,  this legislation  establishes  a minimum  salary                                                            
     for the Long Term  Care Ombudsman at a Range 21. Establishing a                                                            
     minimum  salary  of the  Long  Term  Care Ombudsman  will  help                                                            
     ensure  that  a qualified  individual  can  be hired  for  this                                                            
     crucial position.                                                                                                          
                                                                                                                                
Senator Green  pointed out that the MHTA brought a  request for this                                                            
legislation  to the  Senate Health,  Education  and Social  Services                                                            
Committee.  She  added  that  the  request  is in  response  to  the                                                            
relocation of the Long Term Care Ombudsman position to the MHTA.                                                                
                                                                                                                                
Senator  Hoffman  asked  why  Section  4  was  eliminated  from  the                                                            
original bill  in the committee substitute. This section  allows the                                                            
legislation  to  take  effect  only if  Executive  Order  102  takes                                                            
effect.                                                                                                                         
                                                                                                                                
Senator Green shared that  the governor had introduced the executive                                                            
order that transfers  the Long Term Care Ombudsman  to the MHTA. She                                                            
explained that  the deadline in which  the legislature could  object                                                            
to the EO has  passed, and therefore the order became  effective and                                                            
Section 4 is no longer necessary.                                                                                               
                                                                                                                                
Senator  Ward offered  a motion to  report, CS  SB 112 22-LS0423\L,                                                             
3/12/01 from Committee,  with accompanying zero fiscal note from the                                                            
Department of Revenue,  Mental Health Trust Authority Budget Request                                                            
Item (BRU).                                                                                                                     
                                                                                                                                
There was no objection and the bill MOVED from Committee.                                                                       
                                                                                                                                
AT EASE 9:45 AM / 9:46 AM                                                                                                       
                                                                                                                                
                                                                                                                                
     HOUSE BILL NO. 90                                                                                                          
     "An Act relating to reimbursement of municipal bonds for                                                                   
     school construction; and providing for an effective date."                                                                 
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ELDON MULDER,  Sponsor of the  bill, referred  to HB
281 and  282 from  the  previous session,  authorizing  a bond  debt                                                            
reimbursement  and  school  construction  throughout  the state.  He                                                            
stressed that  HB 90 is "purely a  clean-up of HB 281. He  explained                                                            
that when the  latter bill was drafted,  the intention was  for bond                                                            
debt reimbursement,  not  only prospectively,  but retroactively  as                                                            
well for  Anchorage and  the Northwest Arctic  Borough. Instead,  he                                                            
pointed out,  the actual language  somehow excluded the retroactive                                                             
or  "look-back"   provision.   HB   90,  he   stated,  grants   that                                                            
authorization as originally intended.                                                                                           
                                                                                                                                
Senator Wilken asked if  this fixes the incorrect date included in a                                                            
portion of  HB 281, which  prevented the  Anchorage School  District                                                            
from participating.                                                                                                             
                                                                                                                                
Representative  Mulder answered  that it does  and pointed  out that                                                            
this is the companion  bill to SB 2, sponsored by  Senator Torgerson                                                            
and heard by the Committee earlier in the session.                                                                              
                                                                                                                                
Co-Chair  Kelly noted that  there could be  some amendments  to this                                                            
bill. He ordered the bill HELD in Committee.                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Pete Kelly adjourned the meeting at 09:49 AM                                                                           

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