Legislature(2005 - 2006)
11/16/2006 01:52 PM House FIN
| Audio | Topic |
|---|---|
| Start | |
| HB4001 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
November 16, 2006
1:52 p.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 1:52:33 PM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Richard Foster
Representative Mike Hawker
Representative Jim Holm
Representative Mike Kelly
Representative Beth Kerttula
MEMBERS ABSENT
Representative Reggie Joule
Representative Carl Moses
Representative Bruce Weyhrauch
ALSO PRESENT
Representative John Coghill; Representative Les Gara;
Representative LeDoux; Representative Dahlstrom;
Representative Gatto; Craig Tillery, Deputy Attorney
General, Department of Law,
SUMMARY
HB 4001 "An Act prohibiting the commissioner of
administration from drafting, adopting, filing, or
publishing regulations granting or extending
employment-related benefits for same- sex partners
of unmarried state employees; and providing for an
effective date."
CSHB 4001 (FIN) was REPORTED out of Committee with
a "do pass" recommendation and with two new fiscal
notes: LAW (indeterminate) and ADM (zero).
HOUSE BILL NO. 4001
"An Act prohibiting the commissioner of administration
from drafting, adopting, filing, or publishing
regulations granting or extending employment-related
benefits for same- sex partners of unmarried state
employees; and providing for an effective date."
Co-Chair Chenault MOVED to ADOPT work draft #24-LS2005\L,
Wayne, 11/16/06, as the version of the bill before the
Committee. Representative Kerttula OBJECTED for purposes of
discussion.
1:54:03 PM
REPRESENTATIVE COGHILL explained the changes made in the
committee substitute (CS). He observed that, like HB 4001,
the CS prohibits the administration from adopting,
implementing or allowing regulations to become law, which
grant benefits to same sex partners (Section 1). Section 2
would allow regulations to be granted based on Section 3
contingencies. There are three contingencies in Section 3.
The first contingency would be based on the certification of
the result of a special election opposing a constitutional
amendment; if the result is in favor of a constitutional
amendment regulations would not go into effect; if the vote
was against a constitutional amendment regulations would go
into effect under the contingency language. Under subsection
(2) of Section 3: regulations would also go into effect if
the legislature does not pass a joint resolution proposing
an amendment to the Constitution by August 1, 2008;
regulations would not go into effect if there is a joint
resolution calling for a vote on a constitutional amendment.
The third contingency Section 3 (3), pertains to the outcome
of a vote on a constitutional amendment; if the result is in
favor of a constitutional amendment regulations would not go
into effect; if the vote was against a constitutional
amendment regulations would go into effect. A retroactivity
clause to June 1, 2006, was included to prevent "a cohort of
people who would get the benefits, without the benefit of a
clear regulation". He stressed that the legislation would
allow the people of Alaska to speak on the issue.
Representative Kerttula summarized that the regulations
would take effect if any of the negatives occur, otherwise
there would be a constitutional amendment.
Representative Hawker clarified that the earliest occurrence
of any one of the three contingencies would trigger the
repeal of the prohibition and implementation of the
authority.
Representative Kerttula WITHDREW her OBJECTION to adoption
of work draft #24-LS2005\L, Wayne, 11/16/06. There being NO
OBJECTION, it was so ordered.
2:00:18 PM
CRAIG TILLERY, DEPUTY ATTORNEY GENERAL, DEPARTMENT OF LAW,
explained that the court is on a separate track from the
pending legislation. The Court has ordered changes to the
regulations proposed by the Administration. The order has
been stayed pending petition for review to the Supreme
Court. The Department is waiting on the review from the
Supreme Court. He opined that litigation will ensue if the
legislation is enacted.
In response to a question by Representative Kerttula, Mr.
Tillery asserted that any legislative action would have an
impact "in front of the Court". He clarified that
regulations would go into effect unless there is a
constitutional amendment.
Representative Kerttula observed that the CS does not change
the Constitution or the equal protection clause, which the
Court has based its underpinnings on.
2:02:39 PM
Representative Stoltze observed that a minority of the
legislature could block a constitutional amendment. He
stated that he is uncomfortable with the few choices left to
the Legislature.
2:04:05 PM
Representative Kelly felt that the CS significantly improved
the climate between the Legislature and the Court on the
matter. He observed that in other jurisdictions,
legislatures have been allowed the time they deem necessary
to deal with the issue. He supported the request to the
Court for more time. He observed the pending unfunded
liability, which, he felt, the addition of new participants
would exacerbate. He argued that the provisions would move
toward inclusion of non-married heterosexual couples. He
expressed further concern and frustration.
2:07:32 PM
Representative Kerttula spoke against the bill, which she
felt did nothing. She thought the Department of Law had
done a great job of addressing the issue and was close to a
resolution.
Representative Foster MOVED to report CSHB 4001 (FIN) out of
Committee with the accompanying fiscal note the CS with
fiscal notes.
Representative Kerttula OBJECTED.
2:10:10 PM
A roll call vote was taken on the motion.
IN FAVOR: Foster, Hawker, Holm, Kelly, Stoltze, Meyer,
Chenault
OPPOSED: Kerttula,
Representatives Weyhrauch, Moses and Joule were absent from
the vote.
The MOTION PASSED (7-1).
CSHB 4001 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with two new fiscal notes: LAW
(indeterminate) and ADM (zero).
RECESSED: 2:10:37 PM
Vice-Chair Meyer recessed the meeting to the call of the
chair.
RECONVENED: 4:15:52 PM
Co-Chair Chenault noted that there was no other business
before the Committee.
ADJOURNMENT
The meeting was adjourned at 4:16 PM
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