Legislature(1999 - 2000)

2000-02-01 Senate Journal

Full Journal pdf

2000-02-01                     Senate Journal                      Page 2139
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                   TWENTY-FIRST LEGISLATURE - SECOND SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                Twenty-third Day                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:05 a.m.                                                           
                                                                               
The roll showed sixteen members present. Senators Donley, Halford,             
Pete Kelly, Ward were excused from a call of the Senate.                       
                                                                               
Senator Adams requested that the Senate observe a moment of                    
silence for the passengers of Flight 261 and their families:                   
                                                                               
May we stand for a moment of silence in memory                                
of the passengers and Alaska Airlines employees of                             
Flight 261 and their families. We had great gifts of                           
Alaskans that we gave to heaven yesterday. Senator                             
Taylor lost two of his constituents, one the son of                            
Margaret Branson who served in the Eleventh                                    
Legislature, Malcolm Branson, and his fiance Janice                            
Stokes. Both Malcolm and Janice were State                                     
employees. We wish their family and friends well.                              
Close to all of us were the Thompson family from                               
Fairbanks, Morris, Thelma and their daughter Sheryl,                           
may they rest in peace.                                                        
                                                                               
The Senate observed a moment of silence.                                       
                                                                               
The prayer was offered by the Chaplain, Reverend Johnny Reimer                 
of the Douglas Island Bible Church. Senator Hoffman moved and                  
asked unanimous consent that Senator Adams words and the prayer                
be spread. Without objection, it was so ordered.                               
                                                                               
                                                                               
2139                                                                           

2000-02-01                     Senate Journal                      Page 2140
Our God and Holy Father, we remember the                                      
survivors of those who died in the tragic plane                                
crash. We especially pray for the survivors of                                 
Morris, Thelma and Sheryl Thompson: Allison,                                   
Nicole and her husband Steve. We also pray for the                             
mother of Malcolm Branson. I ask that You would                                
give peace and comfort to the families and guide                               
them in their steps.                                                           
                                                                               
We thank You that You are a holy and righteous                                
God, One who delights in righteousness, truth and                              
justice. Yet You have not stayed away but have                                 
been pleased to reveal Yourself to us. We do not                               
wish to spurn that revelation but rather lay hold                              
upon its significance for us today.                                            
                                                                               
We marvel that You listen to our prayers, that You                            
desire our worship and fellowship, sinful as we are.                           
We thank You for hearing and answering prayer.                                 
                                                                               
As we think of Your Holiness, may it stir in us a                             
desire for purity of thought, word and deed. Teach                             
us how to abhor that which is evil and turn from it                            
with our whole being. As we think of Your                                      
righteousness we want to learn to walk in paths of                             
righteousness and take a stand for that which is                               
truly right, because our days are short. In Your                               
justice there is no malice nor a false premise. May                            
we learn Your ways so that we too shall deal justly                            
and properly with one another, refusing to let evil                            
win out. Therefore, turn our hearts to the truth --                            
Your truth -- and show us the way we are to walk.                              
For only as we learn to walk in Your ways can we                               
expect to find the fulfillment in this life and true                           
reality in the next. Through Christ, Our Lord.                                 
                                               Amen.                           
                                                                               
 Senator Tim Kelly led the Senate in the Pledge of Allegiance.                 
                                                                               
                                                                               

2000-02-01                     Senate Journal                      Page 2141
                                Certification                                
                                                                               
Senator Leman moved and asked unanimous consent that the journal               
for the twenty-second legislative day be approved as certified by the          
Secretary. Without objection, it was so ordered.                               
                                                                               
                                                                               
                           Messages from the House                           
                                                                               
Message dated January 31 was read, stating the House passed and                
transmitted for consideration:                                                 
                                                                               
                        First Reading and Reference of                        
                               House Resolutions                              
                                                                               
HCR 16                                                                       
CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(RLS) am                              
BY THE HOUSE RULES COMMITTEE,                                                  
                                                                               
Proposing an amendment to the Uniform Rules of                                
the Alaska State Legislature relating to standing                              
committees; and providing for an effective date.                               
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
SB 165                                                                       
The Finance Committee considered SENATE BILL NO. 165 An                        
Act relating to the remedies available to judgment creditors against           
limited liability company members and their assignees and against              
limited partnership general and limited partners and their assignees;          
and providing for an effective date. Signing do pass: Senators                 
Torgerson, Parnell, Cochairs, Senators Adams, Leman. Signing no                
recommendation: Senators Phillips, Green, Wilken.                              
                                                                               
                                                                               

2000-02-01                     Senate Journal                      Page 2142
SB 165                                                                       
Zero fiscal note published today from the Senate Finance Committee.            
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 203                                                                       
Forthcoming zero fiscal note (page 2108) for SENATE BILL NO.                   
203 An Act relating to metropolitan planning organizations and to              
designation of a metropolitan planning organization for the                    
Anchorage metropolitan area; and providing for an effective date               
published today from Department of Transportation and Public                   
Facilities.                                                                    
                                                                               
                                                                               
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 231                                                                       
SENATE BILL NO. 231 BY SENATOR LINCOLN, entitled:                              
                                                                               
An Act naming the Alaska Native Veterans Honor                                
Bridge.                                                                        
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
SB 232                                                                       
SENATE BILL NO. 232 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act requiring written consent by the person                                
who is the subject of the information before                                   
releasing personal information contained in motor                              
vehicle records, to comply with 18 U.S.C. 2721; and                            
providing for an effective date.                                               
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
Fiscal note published today from Department of Administration.                 
                                                                               
                                                                               

2000-02-01                     Senate Journal                      Page 2143
SB 232                                                                       
Governors transmittal letter dated January 31:                                 
                                                                               
Dear President Pearce:                                                         
                                                                               
I am transmitting a bill relating to consent before releasing personal         
information contained in motor vehicle records to comply with recent           
changes to the federal Driver's Privacy Protection Act of 1994.                
Provisions in this bill must be in effect by June 1, 2000, to avoid            
any possible federal fines.                                                    
                                                                               
Alaska law currently restricts the release of personal information by          
the division of motor vehicles (DMV) in the Department of                      
Administration to government agencies, including law enforcement               
and the courts, to businesses to verify information submitted to them          
by individuals, and to other persons for purposes prescribed by law.           
It also allows the release for commercial purposes or any other                
purpose if the person who is the subject of the information is given           
an opportunity to request that the information not be released for             
these purposes. This bill provides that information may be released            
for commercial or other purposes only if the person who is the                 
subject of the information has provided written consent to the                 
release. Thus, rather than giving a person an opportunity to object to         
the release of personal information, the DMV cannot release the                
information unless the person has affirmatively consented in writing           
to the release.                                                                
                                                                               
These amendments will protect the privacy of Alaskans.                         
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor                                                                  
                                                                               
                                                                               
SB 233                                                                       
SENATE BILL NO. 233 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
                                                                               

2000-02-01                     Senate Journal                      Page 2144
SB 233                                                                       
An Act relating to priorities, claims, and liens for                          
payment for certain medical services provided to                               
medical assistance recipients; and providing for an                            
effective date.                                                                
                                                                               
was read the first time and referred to the Health, Education and              
Social Services, Judiciary and Finance Committees.                             
                                                                               
Fiscal note published today from Department of Health and Social               
Services.                                                                      
                                                                               
Governors transmittal letter dated January 31:                                 
                                                                               
Dear President Pearce:                                                         
                                                                               
In the interest of recovering medical assistance payments due to the           
state, I am transmitting this bill that grants the Department of Health        
and Social Services an express right to a lien against any money               
recovered from a third party for assistance payments. The bill also            
strengthens the department's existing right of third party subrogation         
and extends the time period from six months to one year for medical            
providers to file claims with the department for medical services              
provided.                                                                      
                                                                               
Under the bill, when a state medical assistance recipient recovers             
money from a third party who is found liable for the recipient's               
medical expenses, the department would have a lien against that                
recovery. The department's lien would be reduced by a pro rata share           
of the recipient's attorney fees and litigation costs incurred in the          
recovery. If the department incurs attorney fees and costs to enforce          
the lien, the amount of the lien would be increased to cover those             
fees and costs. The department's lien would take priority over a lien          
filed by a hospital, nurse, or physician.                                      
                                                                               
Under existing law, when a state medical assistance recipient has a            
claim against a third party for the recipient's medical expenses, the          
department has a right of subrogation. This law allows the                     
department to stand in the place of the recipient to enforce the               
recipient's claim  for medical  assistance payments against an insurer         

2000-02-01                     Senate Journal                      Page 2145
SB 233                                                                       
or other third party. This bill adds a requirement that the recipient          
give the department notice if the recipient has an action or claim             
against a third party so that the department may enforce its                   
subrogation rights. The bill also expressly grants the department the          
right to bring an action to recover on a subrogated medical assistance         
claim regardless of whether the recipient acts or fails to act to              
enforce the claim.                                                             
                                                                               
I urge your support of this important legislation.                             
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor                                                                  
                                                                               
SB 234                                                                       
SENATE BILL NO. 234 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act relating to the inspection of boilers and                              
pressure vessels and to fees for services under the                            
boilers and pressure vessels program; and providing                            
for an effective date.                                                         
                                                                               
was read the first time and referred to the Labor and Commerce and             
Finance Committees.                                                            
                                                                               
Fiscal note published today from Department of Labor.                          
                                                                               
Governors transmittal letter dated January 31:                                 
                                                                               
Dear President Pearce:                                                         
                                                                               
This bill I transmit today will bring greater efficiency to the state's        
boiler and pressure vessel inspection program while allowing the               
Department of Labor and Workforce Development to generate a                    
predictable amount of revenue, prioritize routine inspections, and             
better address the needs of the public.                                        
                                                                               

2000-02-01                     Senate Journal                      Page 2146
SB 234                                                                       
Under current law, the Department of Labor and Workforce                       
Development (department) is to inspect boiler and pressure vessels             
every one to five years, depending on the type of machinery. At the            
time of inspection, the department charges an inspection fee in                
addition to a fee for a certificate of operation. This bill simplifies the     
system by allowing the department to annually issue certificates of            
operation to all boilers or pressure vessels, while selectively                
determining which of them need an inspection. A fee structure will             
be established for the certificates, but routine inspections would be          
free.  A fee would be charged for any special inspections.                     
                                                                               
The State of Oregon has adopted a similar program and found it to              
be quite successful. This program will ensure safe operation of                
boilers and pressure vessels in the state while removing unnecessary           
steps in the inspection and certification process.                             
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor                                                                  
                                                                               
SB 235                                                                       
SENATE BILL NO. 235 BY SENATOR LEMAN, entitled:                                
                                                                               
An Act authorizing the exchange of land between                               
the Alaska Railroad Corporation and Eklutna, Inc.,                             
between the Alaska Railroad Corporation and the                                
United States Department of the Army and the                                   
United States Department of the Air Force, between                             
the Alaska Railroad Corporation and Chugach                                    
Alaska Corporation, and between the Alaska                                     
Railroad Corporation and the Municipality of                                   
Anchorage; and providing for an effective date.                                
                                                                               
was read the first time and referred to the Transportation, Resources          
and Finance Committees.                                                        
                                                                               
                                                                               

2000-02-01                     Senate Journal                      Page 2147
                             Unfinished Business                             
                                                                               
Senator Elton moved and asked unanimous consent that he be                     
excused from a call of the Senate from February 7 through 12.                  
Without objection, Senator Elton was excused.                                  
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., February 2, 2000. Without               
objection, the Senate adjourned at 11:17 a.m.                                  
                                                                               
                                                           Heidi Vogel         
                                               Secretary of the Senate         
                                                                               
                                                         February 2000         

2000-02-01                     Senate Journal                      Page 2148
                                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 02                         Wednesday 1:30 PM                               
	No Meeting Scheduled                                                         
	                                                                             
Feb 04                           Friday 1:30 PM                                
	No Meeting Scheduled                                                         
	                  ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
Feb 01                          Tuesday 9:00 AM                                
+	SJR 29DURATION OF REGULAR LEGISLATIVE SESSION                               
+	SB 165LTD PARTNERSHIPS AND LTD. LIAB. COMPANIES                             
+	HB 112ESTABLISH ALASKA PUBLIC BUILDING FUND                                 
+	Bills Previously Heard/Scheduled                                            
                                                                               
Feb 02                         Wednesday 9:00 AM                               
	Review of Depts Accomplishments for FY99                                     
	and FY00 - Dept of Revenue                                                   
=	SB 123PUBLIC INTEREST LITIGANT: FEES                                        
	Bills Previously Heard/Scheduled                                             
                                                                               
Feb 03                          Thursday 9:00 AM                               
	Joint w/(H) Finance Committee                                                
	Presentation by President Mark Hamilton                                      
	on the State of the University                                               
                                                                               
Feb 04                           Friday 9:00 AM                                
	Review of Depts Accomplishments for FY99                                     
	and FY00 - Dept of Community & Econ Dev,                                     
	Dept of Administration, Dept of Labor                                        

2000-02-01                     Senate Journal                      Page 2149
                                   FINANCE                                   
Feb 08                          Tuesday 9:00 AM                                
	-- Rescheduled to 2/9/00 --                                                  
	Joint w/(H) Finance Committee                                                
	Presentation by Public Members of the                                        
	Commission on Privatization & Delivery                                       
	of Government Services                                                       
	                                                                             
Feb 09                         Wednesday 9:00 AM                               
	-- Rescheduled from 2/8/00 --                                                
	Joint w/(H) Finance Committee                                                
	Presentation by Public Members of the                                        
	Commission on Privatization & Delivery                                       
	of Government Services                                                       
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                                 BUTROVICH 205                                 
Feb 02                         Wednesday 1:30 PM                               
	HB  85TEACHERSLICENSES, DISCIPLINE & ETHICS                                  
	SB 204EXTEND ALASKA COMMISSION ON AGING                                      
	AK Indep Living Council Presentation                                         
                                                                               
Feb 07                           Monday 1:30 PM                                
	SB 127UNIVERSITY OF ALASKA SCHOLARSHIPS                                      
	HCR 15DEVELOPMENTAL DISABILITY AWARENESS MONTH                               
	Statewide Health Consortium Presentation                                     
                                                                               
Feb 09                         Wednesday 1:30 PM                               
	SB 198INCREASE BASE ALLOCATION FOR EDUCATION                                 
	Report from the Alcohol Policy Committee                                     
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                   BELTZ 211                                   
Feb 02                         Wednesday 1:30 PM                               
=	HCR 11SUBSTANCE ABUSE TREATMENT FOR OFFENDERS                               
	<Bill Postponed from 1/31/00>                                                
=	HB  43MUNI.ORDINANCES:POLICE TRAINING SURCHARGE                             
	<Bill Postponed from 1/31/00>                                                
+=	HJR  7CONST AM: INITIATIVE/REFERENDUM PETITIONS                            
+=	HB  45INITIATIVE/REFERENDUM PETITIONS                                      
+	Bills Previously Heard/Scheduled                                            
                                                                               
                                                                               

2000-02-01                     Senate Journal                      Page 2150
                                  JUDICIARY                                  
	-- Meeting Canceled --                                                       
+=	SJR 32CONST. AM: ELECTED ATTORNEY GENERAL                                  
	<Bill Postponed to 2/7/00>                                                   
+=	SJR 14ELECTION OF ATTORNEY GENERAL                                         
	<Bill Postponed to 2/7/00>                                                   
	Bills Previously Heard/Scheduled                                             
	                  ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                                   BELTZ 211                                   
Feb 01                          Tuesday 1:30 PM                                
	No Meeting Scheduled                                                         
	                                                                             
Feb 03                          Thursday 1:30 PM                               
	No Meeting Scheduled                                                         
	                  ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                                 BUTROVICH 205                                 
Feb 02                         Wednesday 3:00 PM                               
	No Meeting Scheduled                                                         
	                                                                             
Feb 04                           Friday 3:00 PM                                
	No Meeting Scheduled                                                         
	                  ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                   BELTZ 211                                   
Feb 01                          Tuesday 3:30 PM                                
	No Meeting Scheduled                                                         
	                                                                             
Feb 03                          Thursday 3:30 PM                               
	-- Meeting Canceled --                                                       
	Bills Previously Heard                                                       
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                                 BUTROVICH 205                                 
Feb 01                          Tuesday 1:30 PM                                
	No Meeting Scheduled                                                         
	                                                                             
Feb 03                          Thursday 1:30 PM                               
	-- Meeting Canceled --                                                       
+=	SB 189INTERNATIONAL AIRPORT AUTHORITY                                      
+=	SB 208RAILROAD AND FERRY AUTHORITY                                         
	Bills Previously Heard/Scheduled                                             

2000-02-01                     Senate Journal                      Page 2151
	                          FINANCE SUBCOMMITTEES                            
                                                                               
                                ADMINISTRATION                               
                               SENATE FINANCE 532                              
Feb 01                          Tuesday 1:00 PM                                
	Dept Missions and Measures for FY01                                          
                    ----------------------------------------                   
                                                                               
                                 CORRECTIONS                                 
                                 FAHRENKAMP 203                                
Feb 02                         Wednesday 2:00 PM                               
	-- Location and Time Change --                                               
+	Missions and Measures                                                       
	Current Corrections FY00 Budget Overview                                     
	from Dept; Consideration of Privatization                                    
	Commission Recommendations:                                                  
		1)Transfer CIs to DCED, privatize all contracts                              
	2)Privatize SOTP                                                             
		3)Re-evaluate education programs and transfer to private sector              
	4)a)IHS inpatient care b)Privatize out-patient services                      
		5)Non-violent prisoners to intermediate facilities, privatize                
	provision of services, employ prisoners for skills/reparations               
6)Centralize purchasing functions                                              
		7)Privatize collection/fine activities and service of warrants &             
	restraining orders                                                           
		8)Privatize vehicle acquisition/maintenance                                  
		9)Privatize Information Technology                                           
	10)Charge fees to probationers/parolees and privatize fee                    
collection                                                                     
		11)Utilize private industry standards for purchase/repair of 	               
		equipment                                                                    
		12)Mt McKinley Meats Privatization Proposal (submitted by                    
		Dept of Corrections)                                                         
                    ----------------------------------------                   
                                                                               
                        LABOR & WORKFORCE DEVELOPMENT                        
                               SENATE FINANCE 532                              
Feb 03                         Thursday 12:00 PM                               
	Joint w/(H) Subcommittee                                                     
	FY00 Budget                                                                  
                    ----------------------------------------                   
                                                                               
                                                                               

2000-02-01                     Senate Journal                      Page 2152
                        MILITARY AND VETERANS AFFAIRS                        
                               SENATE FINANCE 532                              
Feb 09                         Wednesday 4:00 PM                               
	Joint w/(H) Subcommittee                                                     
	Agenda to be Announced                                                       
                                                                               
Feb 23                         Wednesday 4:00 PM                               
	Joint w/(H) Subcommittee                                                     
	Agenda to be Announced                                                       
                                                                               
Mar 01                         Wednesday 4:00 PM                               
	Joint w/(H) Subcommittee                                                     
	Closeout                                                                     
                    ----------------------------------------                   
                                                                               
                     CAPITAL BUDGET FINANCE SUBCOMMITTEE                     
                               SENATE FINANCE 532                              
Feb 02                         Wednesday 12:00 PM                              
	Overview of FY01 Capital Budget Request                                      
	Annalee McConnell, Director, OMB                                             
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                      SELECT CMTE ON LEGISLATIVE ETHICS                      
                                 FAHRENKAMP 203                                
Feb 15                          Tuesday 3:30 PM                                
+	Approval of Agenda/Minutes, Public                                          
	Comment, FY01 Budget Review, Executive                                       
	Session, Public Session, Additional Items                                    
                    ----------------------------------------                   
                                                                               
                         SPECIAL COMMITTEE ON MERGERS                        
                                 BUTROVICH 205                                 
Feb 02                         Wednesday 3:00 PM                               
	-- Rescheduled to 2/3/00 --                                                  
	Proposed BP/ARCO Merger                                                      
	-- Tentative --                                                              
                                                                               
Feb 03                         Thursday 10:00 AM                               
	-- Rescheduled from 2/2/00 --                                                
	<Notice time change>                                                         
	Proposed BP/ARCO Merger                                                      
                                                                               
                                                                               

2000-02-01                     Senate Journal                      Page 2153
                                OTHER MEETINGS                               
                                                                               
                               CHILDRENS CAUCUS                              
                                 BUTROVICH 205                                 
Feb 08                          Tuesday 12:00 PM                               
	Child Protection Services Overview