Legislature(2003 - 2004)
05/17/2003 11:45 AM Senate STA
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ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS COMMITTEE
May, 17,2003
11:40 am
MEMBERS PRESENT
Senator Gary Stevens, Chair
Senator John Cowdery, Vice Chair
Senator Fred Dyson
Senator Gretchen Guess
MEMBERS ABSENT
Senator Lyman Hoffman
COMMITTEE CALENDAR
SENATE BILL NO. 223
"An Act naming the state ferry first operating to serve between
Metlakatla and Ketchikan; and providing for an effective date."
MOVED SB 223 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 280(FIN)
"An Act relating to the regulation of commercial motor vehicles
to avoid loss or withholding of federal highway money, and to
out-of-service orders concerning commercial motor vehicles;
moving authority for commercial motor vehicle regulation from the
Department of Public Safety to the Department of Transportation
and Public Facilities; amending Rule 43.1, Alaska Rules of
Administration; and providing for an effective date."
MOVED CSHB 280(FIN) OUT OF COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 14(STA)
Urging that the 2006 National Veterans Wheelchair Games be held
in Anchorage, Alaska.
MOVED CSHJR 14(STA) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 10(HES)
"An Act relating to pooling by employers and self-employed
individuals for purposes of group health insurance; and providing
for an effective date."
MOVED CSHB 10(HES) OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 13
Encouraging the Department of Corrections to provide canned
Alaska pink salmon to inmates of the Alaska prison system.
MOVED SCR 13 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 215(STA) am
"An Act relating to art requirements for public buildings and
facilities; relating to identification, monitoring, maintenance,
and reporting of art in public buildings and facilities; and
relating to the art in public places fund."
MOVED CSHB 215(STA) am OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 209(RLS)
"An Act relating to municipal property tax adjustments for
property affected by a disaster."
MOVED CSHB 209(RLS) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 20
Relating to the establishment of Reserve Officer Training Corps
programs in Alaska by the United States Coast Guard.
MOVED CSSJR 20(STA) OUT OF COMMITTEE
SENATE BILL NO. 201
"An Act relating to home care and respite care; and providing for
an effective date."
MOVED SB 201 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 24(JUD)
"An Act relating to intergovernmental agreements with the federal
government regarding management of fish or game in the state."
MOVED CSHB 24(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
SB 223 - No previous action to record.
HB 280 - See Transportation minutes dated 5/14/03
HJR 14 - No previous action to record.
HB 10 - No previous action to record.
SCR 13 - No previous action to record.
HB 215 - No previous action to record.
HB 209 - See CRA minutes dated 5/9/03
SJR 20 - No previous action to record.
SB 201 - No previous action to record.
HB 24 - No previous action to record.
WITNESS REGISTER
Lieutenant Governor Loren Leman
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 223
John MacKinnon
Department of Transportation &
Public Facilities
3132 Channel Dr.
Juneau, AK 99801-7898
POSITION STATEMENT: Testified on HB 280
Mark Gnadt
Aide to Representative Eric Croft
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on HJR 14
Helen Bedder
Staff to Representative Cheryll Heinze
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on HB 10
Barbara Bitney
Staff to Representative Bill Stoltze
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 215
Representative Mike Chenault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor HB 209
Senator Kim Elton
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor SJR 20
Brian Hove
Aide to Senator Ralph Seekins
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on SB 201
Jerry Luckhaupt
Legislative Legal Services Attorney
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions on SB 201
Mary Nicholson
P.O. Box 2495
Kenai, AK 99611
POSITION STATEMENT: Testified on SB 201
Representative Bruce Weyhrauch
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor HB 24
Steve White
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Answered questions on HB 24
ACTION NARRATIVE
TAPE 02-03-32, SIDE A
CHAIRMAN GARY STEVENS called the Senate State Affairs Committee
meeting to order at 11:40 am. Present were Senators John Cowdery,
Gretchen Guess and Chair Gary Stevens. Senator Fred Dyson arrived
shortly thereafter. The first order of business to come before
the committee was SB 223.
SB 223-NAMING THE FERRY LITUYA
LIEUTENANT GOVERNOR LOREN LEMAN explained that the Department of
Transportation & Public Facilities (DOTPF) had a contest for
school children in Metlakatla to name the new ferry. A second
grader suggested the name Lituya, which is the name of a glacier
and bay in Southeast Alaska. He urged members to support the
legislation.
SENATOR JOHN COWDERY made a motion to move SB 223 and attached
fiscal note from committee with unanimous consent. There being no
objection, it was so ordered.
HB 280-COMMERCIAL MOTOR VEHICLES:REGULATIONS
JOHN MACKINNON, Deputy Commissioner of Highways and Public
Facilities, stated that Executive Order 98 consolidated
commercial motor vehicle regulations and enforcement from the
Departments of Public Safety and Community and Economic
Development into the Department of Transportation and Public
Facilities (DOTPF). This was to provide increased convenience to
the industry and the public and provide better program
management. When implementing the consolidation, the transfer of
necessary regulation authority was unintentionally omitted. HB
280 clears up the omission by placing that regulatory authority
in DOTPT.
CHAIR GARY STEVENS asked whether the state would lose federal
funding if this legislation were to fail.
MR. MACKINNON replied there is the potential for sanctions
regarding funding applied.
CHAIR GARY STEVENS called a brief at ease at 11:45 am and
reconvened the meeting at 11:47 am.
CHAIR GARY STEVENS held the bill for a quorum.
HJR 14-NATIONAL WHEELCHAIR GAMES
MARK GNADT, staff to Representative Eric Croft, described the
legislation as a feel good bill. He said the Paralyzed Veterans
of America Exploratory Committee would be visiting Alaska during
the 2003 summer to conduct a final review of the Anchorage
facilities and the sponsor would like to be able to present the
resolution to them to show that they have the full support of the
Legislature.
CHAIR GARY STEVENS held the bill for a quorum.
HB 10-GROUP HEALTH INSURANCE FOR PRIVATE GROUPS
HELEN BEDDER, staff to Representative Cheryll Heinze, introduced
the legislation and explained it would help provide coverage for
more than 100,000 Alaskans that have no health care coverage.
Current statute defines eligible group types for which insurance
companies may offer coverage. Groups that are formed for
insurance services aren't currently listed and therefore,
insurance companies may not offer coverage to that group type. HB
10 amends the statute and allows self employed individuals and
groups of employers, including non-profits, to pool for the
purpose of obtaining health insurance.
SENATOR GRETCHEN GUESS said it is her understanding that certain
non-profits might have employees with higher health care needs,
which could lead to difficulty in insurance pooling. If that
proves to be the case, mental health [Mental Health Trust
Authority] has said they would help in the pooling.
MS. BEDDER agreed that insurance companies have been hesitant to
talk to non-profits, but HB 10 shows the need for some action.
She said she didn't know how the Mental Health Trust Authority
might be used, but they have committed at least $45,000 to help
the non-profits get affordable insurance.
SENATOR FRED DYSON said he appreciates the work that has been
done in this area and hopes it will be a significant part of
solving a large problem.
SENATOR GUESS made a motion to move HB 10 and attached zero
fiscal note from committee with individual recommendations. There
being no objection, it was so ordered.
HB 280-COMMERCIAL MOTOR VEHICLES:REGULATIONS
CHAIR GARY STEVENS advised he was holding the bill until there
was a quorum present to take action. He explained the provisions
of the bill to Senator Fred Dyson.
SENATOR GRETCHEN GUESS made a motion to move HB 280 and attached
zero fiscal note from committee with individual recommendations.
There being no objection, it was so ordered.
HJR 14-NATIONAL WHEELCHAIR GAMES
CHAIR GARY STEVENS advised he was holding the bill until there
was a quorum present to take action. He explained the provisions
of the bill to Senator Fred Dyson.
SENATOR GRETCHEN GUESS made a motion to move HJR 14 and attached
zero fiscal note from committee with individual recommendations.
There being no objection, it was so ordered.
SCR 13-CANNED SALMON FOR PRISONERS
CHAIR GARY STEVENS asked whether there were any questions
regarding SCR 13.
SENATOR FRED DYSON made a motion to move SCR 13\A version from
committee with individual recommendations. There being no
objection, it was so ordered.
HB 215- ONE PERCENT FOR ART
BARBARA BITNEY, staff to Representative Bill Stoltze, explained
the original legislation was to repeal the one percent for art
requirement, but after working with the Alaska State Council of
the Arts the bill would:
· Apply only to state funding not federal funding
· Cap the one percent for a project at the first $10 million
and at one-half percent thereafter.
· Set aside five percent of the one percent for maintenance
· The Council would monitor and facilitate the maintenance
and restoration of existing art works.
· Strengthen the Alaska artist's preference
· Provide for reporting from state departments to the
Council
· Require the Council to report to Legislative Budget and
Audit Committee on an annual basis
SENATOR FRED DYSON asked what type of savings they anticipate.
MS. BITNEY explained that the attached report actually provides
the best information available because each agency tracks funding
differently, which makes the information difficult to piece
together.
CHAIR GARY STEVENS said he has followed the issue with interest
and would like her to expand on the changes made to the original
legislation.
MS. BITNEY said it now applies only to general fund expenditure
rather than the total construction cost. Federal funds are no
longer included.
SENATOR DYSON asked whether they addressed anomalies such as
performing arts centers where the entire building is arguably
dedicated to the arts. Would the one percent for art requirement
still apply in those instances?
MS. BITNEY replied this was a compromise since the original
legislation was to repeal the requirement altogether.
SENATOR DYSON asked about facilities that aren't readily
available to the public.
MS. BITNEY explained the one percent for art program is for
buildings that have substantial public use and the Department of
Transportation and Public Facilities make that determination.
SENATOR GUESS asked why federal funds were no longer included.
MS. BITNEY replied it reduces the required allocation. If you
were to use the Anchorage Airport as an example and consider the
federal funds that have been added over time, the art allocation
would be impossibly large.
SENATOR GUESS made a motion to move HB 215 and attached zero
fiscal note from committee with individual recommendations. There
being no objection, it was so ordered.
HB 209-MUNI.TAX: PROPERTY AFFECTED BY DISASTER
REPRESENTATIVE MIKE CHENAULT, bill sponsor, explained this is a
local tax issue that allows municipalities to provide a tax
reduction for property destroyed, damaged or reduced in value as
a result of a disaster. Municipalities would have the leeway to
define a disaster to include a fire or flood in a private home,
which is an option they don't have currently. They would also
have the ability to set the parameters on reassessing values
after the renovation.
SENATOR FRED DYSON asked whether the fact that a house burned to
the ground wouldn't automatically give the property owner tax
relief.
REPRESENTATIVE CHENAULT said a municipality would first have to
adopt an ordinance declaring that they want to take on these
powers. Then they would have to set the criteria for a disaster
declaration.
SENATOR FRED DYSON said he could see the situation in which a
house burns down, the owners collect the insurance and get a tax
break on the property and spend the money.
CHAIR GARY STEVENS asked for the pleasure of the committee.
SENATOR DYSON said, "Move it."
CHAIR GARY STEVENS said, "I assume that's a motion Senator Dyson
to move it [CSHB 209(RLS)] with a zero fiscal note and individual
recommendations." There being no objection, it was so ordered.
SJR 20-US COAST GUARD ROTC PROGRAM
SENATOR KIM ELTON, bill sponsor, stated it is his belief that
everyone is familiar with the role of the Coast Guard and the
notion of a ROTC program. The resolution encourages the Coast
Guard to establish a junior ROTC program in the Kodiak and Juneau
high schools. It would be a reflection of a high school program
that has been offered in Miami, Florida for the last ten years.
The other component of the program is to encourage a ROTC program
at the University of Alaska Southeast (UAS).
The three areas the Coast Guard Academy is most interested in are
management, marine and environmental sciences, and government.
All of these are strong programs at UAS and the Dean of Students,
Paul Kraft, thought the program would be a good match. He noted
the Coast Guard Academy is currently meeting about half the need
for officers and if this were to happen, it would be the second
time the University of Alaska has cooperated with the military.
The first was the joint on campus recreation center/National
Guard armory facility.
He advised the committee they might want to add Betty Walters,
Superintendent of the Kodiak Island School District, and Bob
Meade, Principal of the Kodiak High School, to the list of those
who would receive copies of the resolution.
CHAIR GARY STEVENS expressed his appreciation for including Ms.
Walters and Mr. Meade because the Coast Guard is an important
part of the Kodiak community.
SENATOR FRED DYSON made a motion to adopt a conceptual amendment
to add Superintendent Betty Walters and Principal Bob Meade to
the list of recipients. There being no objection, amendment one
passed.
SENATOR DYSON asked what the Coast Guard population is in
Anchorage.
SENATOR ELTON said he didn't have that information, but in Juneau
there are between 250 and 300 active duty Coast Guard and a huge
retired population. He believes the same situation exists in
Kodiak. That pool of talent could be tapped by the school
district to set up the ROTC program.
SENATOR DYSON expressed appreciation that the resolution
encourages the establishment of ROTC and Junior ROTC programs in
other communities in the state.
CHAIR GARY STEVENS estimated there are about 1,000 active duty
Coast Guard in Kodiak on ships, planes and the base itself.
SENATOR JOHN COWDERY asked if there was any estimate of how many
Alaska students might participate.
SENATOR ELTON said that information isn't available, but because
of the number of people that grow up in fishing families and
families that are water transportation oriented, there will be
significant interest. In Alaska, the Coast Guard performs every
function; the military functions, the search and rescue functions
and now the homeland security functions.
SENATOR COWDERY made a motion to move CSSJR 20 (STA) and attached
zero fiscal note from committee with individual recommendations.
There being no objection, it was so ordered.
SB 201-HOME & RESPITE CARE: CRIMINAL RECORDS
BRIAN HOVE, aide to Senator Ralph Seekins, explained the Revisor
of Statutes requested the bill, which corrects errors in chapters
45 and 118, SLA 1994.
SENATOR FRED DYSON asked if there had been any testimony against
the bill.
CHAIR GARY STEVENS advised there were several people that wanted
to testify on the issue. He asked Jerry Luckhaupt whether he had
any comments.
JERRY LUCKAUPT, Legislative Legal Services Council, further
explained that two bills were adopted in the same year. One was a
comprehensive rewrite of the criminal history record statutes and
the other related to home care and respite care agencies and
requiring criminal history records checks. Because of the first
bill, the statute that guided the process required by the second
bill was no longer there and there was no other obvious statute
that could be referred to. The Revisor pointed this out to the
Judiciary Committee then handed it along to him as the person
that handles criminal law and related matters. As the least
controversial resolution, he cited a federal law that requires
these checks regardless of state law. The referenced federal law
provides that respite care and home care agencies and nursing
facilities can all request criminal history record checks for
employees and prospective employees. Hopefully, Health and Social
Services will look at the statutes and decide whether they want
certain convictions to disqualify individuals from potential
employment. Federal law doesn't specifically require
disqualification for certain jobs. It requires the employer to
get the records and make a determination to hire or fire an
individual.
MARY NICHOLSON asked:
· If the bill would include consumer direct based aid or just
for facility based home care
· If this would cover just local background criminal history
checks or would it include finger printing and FBI
background checks
· Would the bill allow any of the home care providers to be
grand fathered in
MR. LUCKHAUPT advised the bill applies to anyone that is required
to be licensed by the department in these areas. Agencies that go
into the home are required to be licensed and if they receive
state money they must do the checks. The checks have been a state
requirement since 1994 and a federal requirement since 1998. It
isn't just a local name based check of the Alaska system. It is a
national fingerprint check through the FBI and is required under
federal law. He stressed this is not a new requirement.
He further explained that in 1994 two laws were passed, one
repealing the statute and the other citing to it. Since then
federal law has established a new requirement for an FBI
fingerprint based check for all, not just new, home health care
employees and prospective employees.
Because the Department of Health and Social Services has not come
forward to remedy the problem, Legislative Legal took the
remedial course of citing federal law as the least controversial
solution.
SENATOR DYSON asked whether similar action is needed for
childcare facilities.
MR. LUCKHAUPT advised this federal law refers to home health care
workers and nursing facilities only.
SIDE B
12:35 pm
Respite care for children is covered, but foster parents and
similar situations aren't covered under this federal law.
SENATOR DYSON asked if this kind of check is required for
childcare and foster parents.
MR. LUCKHAUPT stated there is a separate law dealing with
fingerprint based background checks for foster parents and others
that deal with children.
SENATOR DYSON said some childcare providers are concerned that
they can't get access to juvenile records for individuals they
are employing that are just past the age of majority. Areas of
sexual misconduct are of particular concern. He asked if it would
be possible to have a state statute that would allow access to
some juvenile criminal records.
MR. LUCKHAUPT said there's always a problem with federal law with
certain people that receive certain federal aid through the
Social Security Administration. Some of those records have a
requirement for a certain level of confidentiality, but they
could open juvenile records if they elected to do so and they
have in certain cases.
SENATOR DYSON said he realizes that was off topic for HB 201, but
he appreciated the information.
SENATOR COWDERY made a motion to move HB 201 and attached fiscal
note from committee with individual recommendations. He asked for
unanimous consent. There being no objection, it was so ordered.
HB 24-AGREEMENTS ON MANAGEMENT OF FISH AND GAME
REPRESENTATIVE BRUCE WEYHRAUCH, bill sponsor, explained that when
Congress passed ANILCA, [Alaska National Interest Land
Conservation Act] it made Glacier Bay National Park a monument
and expanded the boundaries to include the inside waters of
Glacier Bay out into Icy Strait to the middle of Cross Sound and
the outside waters off shore three miles into Lituya Bay, which
encompasses about 500,000 marine acres of water. In 1991, the
Alaska Wildlife Alliance sued the park superintendent and said
ANILCA prohibited fishing in the bay. The Ninth Circuit Court
confirmed that ANILCA didn't prohibit commercial fishing in the
bay, but the National Park Service (NPS) could, by regulation,
close commercial fishing in the park. After that decision, the
NPS began to close areas of the bay to fishing and then because
of the growing storm in Alaska, Senator Ted Stevens inserted a
provision in law that closed commercial fishing in certain areas
of Glacier Bay and restricted continued commercial fishing in the
bay proper to those who were in the tanner crab, salmon and
halibut fisheries giving them a lifetime access permit. Later,
Senator Frank Murkowski passed Senate Bill 501 that required the
State of Alaska and the federal government to enter into co-
management agreements on commercial fishing. Co-management is a
concern, and the intent of this bill is to disallow the
commissioner to enter into agreements with the federal government
that cede jurisdiction by contract what can't happen by federal
or constitutional law.
Initially the bill was introduced to prohibit all co-management
agreements between the sovereign and the State of Alaska that
surrender jurisdiction and management over commercial fisheries.
Currently the bill prohibits the commissioner from entering into
any contract with the federal government [National Park Service]
that cedes jurisdiction over the management and jurisdiction of
Alaska commercial fisheries.
CHAIR GARY STEVENS said he understands that jurisdiction could be
ceded, but only after a hearing and the legislative process.
REPRESENTATIVE WEYHRAUCH said, "It would prohibit it. If the
State of Alaska and the NPS entered in agreement that the NPS
could set species to be harvested or manner and method or
seasons, that would be ceding its jurisdiction over the
management of commercial fisheries and it couldn't do that by
contract because the state has plenary jurisdiction over the
management of our commercial fisheries."
The House Judiciary Committee wanted to extend this to every
contract between the state and federal government, which was
problematic. There are certain agreements that are ministerial
and beneficial to the state and don't cede jurisdiction. Co-
management agreements are fine so long as they don't cede
jurisdiction.
SENATOR JOHN COWDERY asked how many co-management agreements
there are.
REPRESENTATIVE WEYHRAUCH said there are many. He said he knew of
no co-management agreements over fisheries in Glacier Bay proper
and the outside waters, but this is to provide notice that the
Legislature is sensitive to this as well as to caution agencies
not to cede management jurisdiction.
SENATOR COWDERY asked about economic impacts.
REPRESENTATIVE WEYHRAUCH said there aren't now any co-management
agreements that are jurisdictional. The measure is prophylactic.
CHAIR GARY STEVENS asked Mr. White to comment on the bill.
STEVE WHITE, Department of Law, said their initial concerns had
been addressed. It is clear that the intent of the bill does not
apply to existing agreements in which the state is acting under
acknowledged federal authority and assisting in the process of
co-management. The state is cooperating with the federal
government in areas such as migratory bird management and
management of subsistence, but it's their interpretation that the
bill doesn't affect that.
SENATOR FRED DYSON asked what would happen if the federal
government determined the state should cede jurisdiction and
state law prohibited that.
MR. WHITE replied the federal government couldn't take any state
management prerogatives away without an act of Congress.
SENATOR DYSON asked whether it would be necessary to file suit in
the event of a disagreement since federal law supercedes state
law.
MR. WHITE said he wasn't sure which party would initiate a
lawsuit.
REPRESENTATIVE WEYHRAUCH said the state should not cede, through
contract, what it can't cede by constitution; and the Legislature
needs to go on record as setting a policy in statute that says
the state doesn't have co-management agreements that cede
management jurisdiction.
SENATOR DYSON asked if anyone had testified against the bill as
it moved through the House.
REPRESENTATIVE WEYHRAUCH replied no one had. Initially there was
discussion regarding language nuance, but there was no
opposition.
SENATOR COWDERY made a motion to move CSHB 24(JUD) from committee
with individual recommendations. There being no objection, it was
so ordered.
There being no further business to come before the committee,
CHAIR GARY STEVENS adjourned the meeting at 12:50 pm.
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