Legislature(1999 - 2000)
2000-02-01 Senate Journal
Full Journal pdf2000-02-01 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