Legislature(1999 - 2000)
2000-02-03 Senate Journal
Full Journal pdf2000-02-03 Senate Journal Page 2175 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Twenty-fifth Day Pursuant to adjournment the Senate was called to order by President pro tempore Mackie at 11:10 a.m. The roll showed eighteen members present. Senator Pearce was excused from a call of the Senate. Senator Halford was absent. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that Senator Halford be excused from a call of the Senate due to weather conditions. Without objection, it was so ordered. The prayer was offered by the Chaplain, Reverend Johnny Reimer of the Douglas Island Bible Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our God and Heavenly Father, we come before You today to express our thanks that You have not punished us as our sins deserve. You have vividly shown us Your love and grace. You have invited us to receive from Your generous hand all that we need for life and godliness. In a world that seems to be filled with hate in a variety of forms, teach us what it really means to love our neighbors as ourselves. You are the source of all truth. In our striving after truth help us to remember that. We pray for a humble spirit to ask You for that wisdom because we so often lack the courage to follow the ways of truth. In the midst of a world that is fast losing the 2175 2000-02-03 Senate Journal Page 2176 true concept of integrity, grant us the determination that we will not fail to take up the challenge to reestablish integrity in our sphere of influence. Open our eyes today to see opportunities to express trust rather than suspicion; to show love rather than prejudice; to follow after truth and integrity rather than selfishness and deception. We acknowledge that in ourselves we are weak, so strengthen us that we might fulfill our responsibility properly, through Christ our Lord. Amen. Senator Lincoln led the Senate in the Pledge of Allegiance. Certification Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the twenty-fourth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Standing Committee Reports HCR 11 The Judiciary Committee considered HOUSE CONCURRENT RESOLUTION NO. 11 Relating to substance abuse treatment for offenders in the criminal justice system. Signing do pass: Senator Taylor, Chair, Senators Donley, Torgerson. Signing no recommendation: Senator Ellis. Zero fiscal note published today from the Senate Judiciary Committee. The resolution was referred to the Rules Committee. 2000-02-03 Senate Journal Page 2177 HJR 7 The Judiciary Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 7(FIN) am Proposing an amendment to the Constitution of the State of Alaska relating to initiative and referendum petitions. Signing no recommendation: Senator Taylor, Chair, Senator Torgerson. Signing do not pass: Senators Donley, Ellis. Fiscal note published today from Office of the Governor. The resolution was referred to the Finance Committee. HB 43 The Judiciary Committee considered HOUSE BILL NO. 43 An Act relating to police training surcharges imposed for violations of municipal ordinances. Signing do pass: Senator Taylor, Chair, Senator Torgerson. Signing no recommendation: Senators Donley, Ellis. Zero fiscal note published today from Department of Public Safety. The bill was referred to the Finance Committee. HB 45 The Judiciary Committee considered CS FOR HOUSE BILL NO. 45(FIN) am An Act relating to initiative and referendum petitions; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 45(JUD) An Act relating to initiative, referendum, and recall petitions; and providing for an effective date. (Title change authorized by SCR 13) Signing no recommendation: Senator Taylor, Chair, Senator Torgerson. Signing do not pass: Senators Donley, Ellis. Fiscal note published today from Office of the Governor. 2000-02-03 Senate Journal Page 2178 HB 45 The bill was referred to the Finance Committee. Introduction and Reference of Senate Resolutions SCR 13 SENATE CONCURRENT RESOLUTION NO. 13 BY THE SENATE JUDICIARY COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 45, relating to initiative and referendum petitions. was read the first time and referred to the Rules Committee. Introduction and Reference of Senate Bills SB 243 SENATE BILL NO. 243 BY SENATOR WARD, entitled: An Act relating to and authorizing the use of insulated gloves as well as tools equipped with insulated handles for certain electrical and telecommunications work. was read the first time and referred to the Labor and Commerce Committee. SB 244 SENATE BILL NO. 244 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act increasing the eligible maximum amount for quality school grant funding for school districts; and providing for an effective date. 2000-02-03 Senate Journal Page 2179 SB 244 was read the first time and referred to the Health, Education and Social Services and Finance Committees. Zero fiscal note published today from Department of Education and Early Development. Governors transmittal letter dated February 2: Dear President Pearce: As part of the state's Quality Schools Initiative, we have a responsibility to improve student performance and provide them a passport to a bright, successful future. One way to accomplish this is to help finance school district efforts to develop and maintain quality schools and make sure students are getting the academic tools they need to succeed. To assist in this statewide effort, I am transmitting this bill to increase the maximum eligible amount of grants to school districts. In 1998 the legislature established quality school grants as a component of public school funding. The eligible amount was set at $16 per adjusted average daily membership. This bill increases that amount to $52. This increase, recommended by the state Board of Education and Early Development, is possible because school district enrollment projections are down for next year, saving the state about $19.9 million. The Department of Education and Early Development is recommending that additional money be provided to school districts in the form of grants, rather than increasing the amount of the base student allocation. By providing the additional support as a grant, Alaskans can be assured the money will go to support the implementation of the quality schools initiative, including the high school graduation qualifying examination, instead of being absorbed in salaries, building maintenance, or administration. 2000-02-03 Senate Journal Page 2180 SB 244 All Alaska families are concerned whether their children are meeting the new high state academic standards in reading, writing, and math. Most school districts are taking extraordinary steps to prepare their students to meet these standards. Yet some administrators wonder what impact the high school graduation qualifying examination will have on their ability to deliver a quality program to their students. The increased grant funding will allow a qualifying district to take creative measures to prepare its students, schools, and communities to work toward success on the examination. I urge your prompt and favorable action on this bill. Sincerely, /s/ Tony Knowles Governor SB 245 SENATE BILL NO. 245 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to crimes involving computers, access devices, other technology, and identification documents; relating to the crime of criminal impersonation; relating to crimes committed by the unauthorized access to or use of communications in electronic storage; and providing for an effective date. was read the first time and referred to the Judiciary and Finance Committees. Fiscal notes published today from Department of Administration, Department of Law, Department of Public Safety. 2000-02-03 Senate Journal Page 2181 SB 245 Governors transmittal letter dated February 2: Dear President Pearce: The advances in technology in the last decade have given us dazzling and practical tools for working together and communicating with the entire world. With these advances, however, come opportunities for criminals to victimize individuals and the public in devious and harmful ways. This bill I am transmitting today will help law enforcement prosecute those who cause harm and commit crimes through the use of computers and other high technology. This bill recognizes that theft of personal information, known as identity theft, can damage people in financial loss and reputation, which is difficult to repair. Moreover, it is often difficult for the owner of the identity to get help from law enforcement because that person is not considered the victim; the bank, credit card company, or retailer who advanced the property or services is considered the victim. Deceptive business practices, such as fraud and false advertising, can more easily be perpetrated through electronic communication methods with a limitless number of potential victims. Additionally, offenses such as the production of child pornography are much more harmful to victims when the material is widely dispersed in an electronic format. To address all of the above issues, the bill specifically makes the following changes in our criminal laws: Eliminates any potential confusion that placing child pornography in an electronic format and then onto a computer network or computer system is a serious crime. Replaces credit card with access device in our theft statutes so they clearly include identification numbers and telephone information in addition to credit card numbers. 2000-02-03 Senate Journal Page 2182 SB 245 Allows a person to be prosecuted for obtaining an access device with intent to use it fraudulently, and for using the device to defraud. Establishes a class B felony to use identity information of another person without authorization and for damaging thefinancial reputation of that person. A class B felony is punishable by imprisonment for up to 10 years and by a fine of up to $50,000. Raises the stakes for engaging in deceptive business practices with the use of a computer by making it a class C felony, punishable by up to five years incarceration and a $50,000 fine. Broadens the definition of criminal use of a computer, a class C felony, to include obtaining proprietary information, information that is only available to the public for a fee, introducing information that damages the computer, and encrypting information. Makes it a class A misdemeanor to eavesdrop on another person's electronic or voice mail or other communication in electronic storage. A class A misdemeanor is punishable by up to one year in jail and a fine of up to $5,000. This bill is timely and necessary to keep law enforcement in pace with modern technology. Sincerely, /s/ Tony Knowles SB 246 SENATE BILL NO. 246 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: 2000-02-03 Senate Journal Page 2183 SB 246 An Act relating to claims against permanent fund dividends to pay certain amounts owed to state agencies and to fees for processing claims against and assignments of permanent fund dividends; 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 Labor. Governors transmittal letter dated February 2: Dear President Pearce: Some state agencies are currently allowed to seek from individuals overdue payments of money due the state through a simple administrative collection of permanent fund dividends. But most state agencies still need to use a time consuming and costly court action to attach an individual's permanent fund dividend. It makes sense for all our state agencies to have access to this "fast track" method of collecting from a person who receives a permanent fund dividend while in arrears with payments lawfully due to the state. This bill I transmit today accomplishes this change in law. Examples of agencies now able to attach permanent fund dividends with a simple administrative action include the Department of Health and Social Services, for reimbursement of certain court-ordered treatment, and the Alaska Commission on Postsecondary Education for student loans in default. But the Department of Labor and Workforce Development, for example, must file a small claims court action or seek criminal prosecution to recover overpaid unemployment insurance benefits and fraud penalties. Partly as a result of this cumbersome method, the department estimates the state is owed $4.5 million in outstanding benefits received by fraudulent means, $3.6 million in statutory penalties, and $1.6 million for overpaid benefits. Not only will this bill increase recovery rates, but because these owed benefits are paid by employer taxes, it will reduce employer tax rates within the state. 2000-02-03 Senate Journal Page 2184 SB 246 A state agency would not be required to use these new procedures for collection. Any agency that elects to use the new procedures would be required to notify the individual of the claim with a fair opportunity for a hearing at which the individual could contest the agencys claim to the permanent fund dividend. If a hearing is not requested or the claim is resolved in favor of the state agency, the agency may collect the money from the individual's permanent fund dividend without filing a court action. Passage of this measure gives state agencies an additional tool to recover money that is lawfully owed to the state under existing state laws. Sincerely, /s/ Tony Knowles Governor Consideration of the Calendar Citations Honoring - Vicki Otte and Lynne Ballew Representative(s) Mulder Senator(s) Phillips, Taylor, Tim Kelly, Pearce, Green, Mackie, Pete Kelly, Adams, Hoffman, Wilken, Elton, Ellis, Lincoln, Parnell, Leman, Donley Honoring - James Fisher Representative(s) Smalley Senator(s) Ward, Halford, Taylor, Tim Kelly, Pearce, Green, Mackie, Pete Kelly, Adams, Hoffman, Torgerson, Wilken, Elton, Ellis, Lincoln, Parnell, Leman, Donley Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 2000-02-03 Senate Journal Page 2185 Unfinished Business Senator Miller moved and asked unanimous consent that he be excused from a call of the Senate from March 15 through 17. Without objection, Senator Miller was excused. Senator Adams moved and asked unanimous consent that he be excused from the Senate, not subject to a call, from 1:00 p.m. February 3 through plane time, February 10. Without objection, Senator Adams was excused. Senators Wilken, Leman moved and asked unanimous consent that they be excused from a call of the Senate from February 7 through morning plane time, February 8. Without objection, Senators Wilken, Leman were excused. Senator Leman moved and asked unanimous consent that President pro tempore Mackie be excused from a call of the Senate from February 7 through morning plane time, February 8. Without objection, Senator Mackie was excused. Senator Donley moved and asked unanimous consent that he be excused from a call of the Senate on February 7 and 11. Without objection, Senator Donley was excused. Senator Tim Kelly moved and asked unanimous consent that he be excused from a call of the Senate on February 11 and 15. Without objection, Senator Tim Kelly was excused. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate from February 7 through 9 and February 28 and 29. Without objection, Senator Lincoln was excused. Senator Hoffman moved and asked unanimous consent that he be excused from a call of the Senate from February 7 through plane time, February 10. Without objection, Senator Hoffman was excused. Senator Ward moved and asked unanimous consent that he be excused from a call of the Senate on February 7 and 8. Without objection, Senator Ward was excused. 2000-02-03 Senate Journal Page 2186 Announcements Announcements are at the end of the journal. Adjournment Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 4, 2000. Without objection, the Senate adjourned at 11:41 a.m. Heidi Vogel Secretary of the Senate February 2000 2000-02-03 Senate Journal Page 2187 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 04 Friday 1:30 PM No Meeting Scheduled Feb 07 Monday 1:30 PM No Meeting Scheduled Feb 09 Wednesday 1:30 PM + SB 213TRANSPORTATION OF MEMBERS OF AK NATL GUAR + SB 242PIPELINE PROP TAX USED FOR REV. SHRING Feb 11 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SENATE FINANCE 532 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 FY99-00 Dept of Comm & Econ Dev, Dept of Labor <Dept of Administration--Postponed> 2000-02-03 Senate Journal Page 2188 FINANCE Feb 07 Monday 9:00 AM + SJR 27CONST. AM: REVISIONS OF CONSTITUTION += SB 85CREDITED SERVICE FOR TEMP EMPLOYEES:PERS + SB 114IMPERSONATE POLICE/EMERGENCY VEHICLE + SB 186COLLEGE TUITION SAVINGS PLAN + Bills Previously Heard/Scheduled Feb 08 Tuesday 9:00 AM Review of Depts Accomplishments FY99-00 Dept of Education & Early Development Dept of Military & Veterans Affairs 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 Feb 10 Thursday 9:00 AM += SJR 29DURATION OF REGULAR LEGISLATIVE SESSION += SB 6DISPOSALS OF STATE LAND += SB 123PUBLIC INTEREST LITIGANT: FEES += SB 229REGULATORY COMM. OF ALASKA/ AOGCC + Bills Previously Heard/Scheduled Feb 11 Friday 9:00 AM Review of Depts Accomplishments FY99-00 Department of Law ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Feb 07 Monday 1:30 PM -- Meeting Canceled -- SB 127UNIVERSITY OF ALASKA SCHOLARSHIPS HCR 15DEVELOPMENTAL DISABILITY AWARENESS MONTH Statewide Health Consortium Presentation 2000-02-03 Senate Journal Page 2189 HEALTH, EDUCATION & SOCIAL SERVICES Feb 09 Wednesday 1:30 PM = HCR 15DEVELOPMENTAL DISABILITY AWARENESS MONTH SCR 12SOBRIETY AWARENESS MONTH = SB 204EXTEND ALASKA COMMISSION ON AGING = SB 127UNIVERSITY OF ALASKA SCHOLARSHIPS SB 198INCREASE BASE ALLOCATION FOR EDUCATION Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Feb 04 Friday 8:00 AM BUTROVICH 205 -- Teleconference -- Joint w/(S) State Affairs Committee Discussion with Gov Jay Hammond on PFD BELTZ 211 Feb 04 Friday 1:30 PM -- Meeting Canceled -- += SJR 32CONST. AM: ELECTED ATTORNEY GENERAL <Bill Postponed to 2/9/00> += SJR 14ELECTION OF ATTORNEY GENERAL <Bill Postponed to 2/9/00> Bills Previously Heard/Scheduled Feb 07 Monday 1:30 PM No Meeting Scheduled Feb 09 Wednesday 1:30 PM += SJR 32CONST. AM: ELECTED ATTORNEY GENERAL += SJR 14ELECTION OF ATTORNEY GENERAL Bills Previously Heard/Scheduled Feb 11 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 Feb 03 Thursday 1:30 PM No Meeting Scheduled 2000-02-03 Senate Journal Page 2190 LABOR & COMMERCE Feb 08 Tuesday 1:30 PM + SB 193COLLECTION OF UNPAID WAGES + SB 220PROCUREMENT PREFS:PARTNERSHP/LTD LIAB CO + SB 222EMPLOYMENT SECURITY ACT Feb 10 Thursday 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES BUTROVICH 205 Feb 04 Friday 3:00 PM No Meeting Scheduled Feb 07 Monday 3:00 PM No Meeting Scheduled Feb 09 Wednesday 3:00 PM No Meeting Scheduled Feb 11 Friday 3:00 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS BELTZ 211 Feb 03 Thursday 3:30 PM -- Meeting Canceled -- Bills Previously Heard Feb 04 Friday 8:00 AM BUTROVICH 205 -- Teleconference -- Joint w/(S) Judiciary Committee Discussion with Gov Jay Hammond on PFD Feb 08 Tuesday 3:30 PM No Meeting Scheduled Feb 10 Thursday 3:30 PM No Meeting Scheduled ---------------------------------------- 2000-02-03 Senate Journal Page 2191 TRANSPORTATION BUTROVICH 205 Feb 03 Thursday 1:30 PM -- Meeting Canceled -- += SB 189INTERNATIONAL AIRPORT AUTHORITY += SB 208RAILROAD AND FERRY AUTHORITY Bills Previously Heard/Scheduled Feb 08 Tuesday 1:30 PM No Meeting Scheduled Feb 10 Thursday 1:30 PM No Meeting Scheduled FINANCE SUBCOMMITTEES COMMUNITY & ECONOMIC DEVELOPMENT BELTZ 211 Feb 08 Tuesday 12:00 PM Agenda to be Announced Feb 15 Tuesday 12:00 PM Agenda to be Announced Feb 22 Tuesday 12:00 PM Agenda to be Announced Feb 29 Tuesday 12:00 PM Agenda to be Announced ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT SENATE FINANCE 532 Feb 03 Thursday 12:00 PM -- Meeting Canceled -- Joint w/(H) Subcommittee FY00 Budget BELTZ 211 Feb 09 Wednesday 12:00 PM Agenda to be Announced Feb 17 Thursday 12:00 PM Agenda to be Announced 2000-02-03 Senate Journal Page 2192 LABOR & WORKFORCE DEVELOPMENT Feb 23 Wednesday 12:00 PM Agenda to be Announced Mar 01 Wednesday 12:00 PM Agenda to be Announced ---------------------------------------- MILITARY AND VETERANS AFFAIRS SENATE FINANCE 532 Feb 09 Wednesday 4:00 PM Joint w/(H) Subcommittee Missions & Measures Dept Budget Proirities for FY01 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 ---------------------------------------- NATURAL RESOURCES BUTROVICH 205 Feb 09 Wednesday 8:00 AM Joint w/(H) Subcommittee ---------------------------------------- CAPITAL BUDGET FINANCE SUBCOMMITTEE SENATE FINANCE 532 Feb 09 Wednesday 12:00 PM Overview of FY01 Departmental Capital Budget General Fund & General Fund Match Requests - Admin, CED, Cor, EED, F&G, Gov 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 ---------------------------------------- 2000-02-03 Senate Journal Page 2193 SPECIAL COMMITTEE ON MERGERS BUTROVICH 205 Feb 03 Thursday 10:00 AM -- Rescheduled to 2/4/00 -- Proposed BP/ARCO Merger Feb 04 Friday 1:00 PM -- Meeting Canceled -- Proposed BP/ARCO Merger Feb 08 Tuesday 2:00 PM Proposed BP/ARCO Merger OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH 205 Feb 08 Tuesday 12:00 PM Child Protection Services Overview ---------------------------------------- MINORITY CAUCUS FAHRENKAMP 203 Feb 03 Thursday 4:00 PM + Joint w(H) Minority Caucus