Legislature(1997 - 1998)

05/07/1998 08:15 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
             HOUSE FINANCE COMMITTEE                                           
May 7, 1998                                                                    
                          8:15 P.M.                                            
                                                                               
TAPE HFC 98 - 162, Side 1.                                                     
TAPE HFC 98 - 162, Side 2.                                                     
                                                                               
CALL TO ORDER                                                                  
                                                                               
Representative Mulder called the House Finance Committee                       
meeting to order at 8:15 P.M.                                                  
                                                                               
PRESENT                                                                        
                                                                               
Co-Chair Hanley   Representative Kelly                                         
Co-Chair Therriault   Representative Kohring                                   
Representative J. Davies  Representative Martin                                
Representative G. Davis  Representative Moses                                  
Representative Grussendorf Representative Mulder                               
                                                                               
Representative Foster was not present for the meeting.                         
                                                                               
ALSO PRESENT                                                                   
                                                                               
Pat Davidson, Acting Legislative Auditor, Legislative Audit                    
Division; Mel Krogseng, Staff, Senator Robin Taylor; Portia                    
Parker, Staff, Senator Mike Miller; Beth Hagevig, Staff,                       
Senator Gary Wilken; Marilyn Wilson, Staff, Senator Bert                       
Sharp; Mike Tibbles, Staff, Representative Gene Therriault.                    
                                                                               
SUMMARY                                                                        
                                                                               
SB 11 An Act relating to state aid for school                                  
construction debt; and providing for an effective                              
date.                                                                          
                                                                               
 SB 11 was HELD in Committee for further                                       
consideration.                                                                 
                                                                               
SB 151 An Act relating to public employment labor                              
relations; relating to the protection of the                                   
rights of public employees under the Public                                    
Employment Relations Act; establishing ethical                                 
standards for union representatives of public                                  
employees; and establishing disclosure                                         
requirements for public employee labor                                         
organizations.                                                                 
                                                                               
SB 151 was HELD in Committee for further                                       
consideration.                                                                 
                                                                               
SB 160 An Act relating to registration, inspection, and                        
testing relating to radiological equipment in                                  
dentists' offices.                                                             
                                                                               
 HCS CS SB 160 (FIN) was reported out of Committee                             
with "no recommendations" and with fiscal notes                                
by the Department of Commerce and Economic                                     
Development dated 4/3/98 and the Department of                                 
Health and Social Services dated 4/14/98.                                      
                                                                               
SB 312 An Act relating to animals, to food, to pest                            
control, and to the Alaska Food, Drug and                                      
Cosmetic Act; and providing for an effective                                   
date.                                                                          
                                                                               
 SB 312 was reported out of Committee with a "do                               
pass" recommendation and with a zero fiscal note                               
by the Department of Natural Resources.                                        
                                                                               
SB 313 An Act relating to sponsor certification of                             
initiative petitions; relating to sponsor                                      
identification during petition circulation;                                    
relating to the violability of an initiated law;                               
placing limitations on the compensation that may                               
be paid to sponsors of initiative petitions;                                   
prohibiting payments to persons who sign or                                    
refrain from signing initiative petitions; and                                 
repealing procedures for filing a supplementary                                
initiative petition.                                                           
                                                                               
 SB 313 was HELD in Committee for further                                      
consideration.                                                                 
                                                                               
SB 350 An Act relating to tourism; relating to grants                          
for tourism marketing; eliminating the division                                
of tourism and the Alaska Tourism Marketing                                    
Council; and providing for an effective date.                                  
                                                                               
 CS SB 350 (FIN) was reported out of Committee                                 
with a "do pass" recommendation and with a fiscal                              
note by the Department of Commerce and Economic                                
Development dated 5/2/98.                                                      
                                                                               
SB 356 An Act relating to treatment under legislative                          
standards of conduct of campaign contributions to                              
legislators during a legislative session; and                                  
providing for an effective date.                                               
                                                                               
 SB 356 am was reported out of Committee with a                                
"no recommendation" and with a zero fiscal note                                
by the Legislative Affairs Agency dated 4/27/98.                               
                                                                               
SB 358 An Act relating to disclosure of the use of state                       
funds related to personnel records.                                            
                                                                               
 HCS CS SB 358 (FIN) was reported out of Committee                             
with a fiscal note by the Office of the Governor                               
dated 4/30/98.                                                                 
SENATE BILL NO. 358                                                            
                                                                               
"An Act relating to disclosure of the use of state                             
funds related to personnel records."                                           
                                                                               
Representative J. Davies MOVED to adopt Amendment #2, as                       
recommended by Senator Pearce, and which would return the                      
bill to the version before changes had been made in the                        
Senate Finance Committee.  [Copy on File].                                     
                                                                               
PAT DAVIDSON, ACTING LEGISLATIVE AUDITOR, LEGISLATIVE AUDIT                    
DIVISION, LEGISLATIVE AFFAIRS AGENCY, explained that the                       
amendment would indicate that the legislation address                          
specific issues during the course of an audit.                                 
                                                                               
Representative Mulder noted that adopting the amendment                        
would zero the fiscal note out.  There being NO OBJECTION,                     
the amendment was adopted.                                                     
                                                                               
Co-Chair Therriault MOVED to report HCS CS SB 358 (FIN) out                    
of Committee with individual recommendations and with the                      
new zero fiscal note.  There being NO OBJECTION, it was so                     
ordered.                                                                       
                                                                               
HCS CS SB 358 (FIN) was reported out of Committee with                         
"individual recommendations" and with a zero fiscal note by                    
the Office of the Governor dated 4/30/98.                                      
SENATE BILL NO. 160                                                            
                                                                               
"An Act relating to registration, inspection, and                              
testing relating to radiological equipment in                                  
dentists' offices."                                                            
                                                                               
MEL KROGSENG, STAFF, SENATOR ROBIN TAYLOR, spoke to                            
Amendments #1 & #2.  [Copies on File].  She explained that                     
the amendments addressed qualification concerns.  Amendment                    
technicians and would insert new language for State of                         
Alaska class specifications. Amendment #2 speaks to                            
possible problems in the transitional provision.                               
                                                                               
Representative Kelly MOVED to adopt Amendment #1.                              
Representative J. Davies questioned why language "on the                       
effective day on this Act", had been included.  Ms.                            
Krogseng explained that from time to time, job titles are                      
changed.  There being NO OBJECTION, Amendment #1 was                           
adopted.                                                                       
                                                                               
Representative Kelly MOVED to adopt Amendment #2, the                          
revised effective date.  There being NO OBJECTION,                             
Amendment #2 was adopted.                                                      
                                                                               
Representative Kelly MOVED to report HCS CS SB 160 (FIN)                       
out of Committee with individual recommendations and with                      
the accompanying fiscal notes.  Representative J. Davies                       
OBJECTED.                                                                      
                                                                               
Representative J. Davies advised that he would not support                     
deleting the State's ability to monitor x-ray sources.  He                     
noted that he preferred maintaining the status quo.                            
Representative Davies recommended redirecting the program                      
from within the context of the Department of Health and                        
Social Services.                                                               
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Grussendorf, Kelly, Kohring, Martin, Moses,                          
Mulder, G. Davis, Therriault                                                   
OPPOSED:  J. Davies                                                            
                                                                               
Representatives Hanley and Foster were not present for the                     
vote.                                                                          
                                                                               
The MOTION PASSED (8-1).                                                       
                                                                               
HCS CS SB 160 (FIN) was reported out of Committee with "no                     
recommendations" and with a fiscal note by the Department                      
of Commerce and Economic Development dated 4/3/98 and a                        
zero note by the Department of Health and Social Services                      
dated 4/14/98.                                                                 
SENATE BILL NO. 350                                                            
                                                                               
"An Act relating to tourism; relating to grants for                            
tourism marketing; eliminating the division of tourism                         
and the Alaska Tourism Marketing Council; and                                  
providing for an effective date."                                              
                                                                               
Co-Chair Therriault explained that Legislative drafters had                    
informed the Leadership that an amendment passed at a                          
previous Committee hearing would not achieve the intent of                     
the Committee.                                                                 
                                                                               
Representative Mulder MOVED to RESCIND action on moving HCS                    
CS SB 350 (FIN) from Committee.  There being NO OBJECTION,                     
the action was rescinded.                                                      
                                                                               
Representative J. Davies MOVED to RESCIND action on                            
adoption of Amendment #1.  There being NO OBJECTION, action                    
on the amendment was rescinded.  Representative J. Davies                      
WITHDREW Amendment #1.  There being NO OBJECTION, Amendment                    
                                                                               
Representative Mulder MOVED to report the revised HCS CS SB
350 (FIN) out of Committee with individual recommendations                     
and with the accompanying fiscal note.  Representative                         
Martin OBJECTED.                                                               
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Grussendorf, Kelly, Moses, Mulder, J.                                
Davies, G. Davis, Therriault                                                   
OPPOSED:  Kohring, Martin                                                      
                                                                               
Representatives Hanley and Foster were not present for the                     
vote.                                                                          
                                                                               
The MOTION PASSED (7-2).                                                       
                                                                               
HCS CS SB 350 (FIN) was reported out of Committee with a                       
"do pass" recommendation and with a fiscal note by the                         
Department of Commerce and Economic Development dated                          
5/2/98.                                                                        
SENATE BILL NO. 356                                                            
                                                                               
"An Act relating to treatment under legislative                                
standards of conduct of campaign contributions to                              
legislators during a legislative session; and                                  
providing for an effective date."                                              
                                                                               
PORTIA PARKER, STAFF, SENATOR MIKE MILLER, explained that                      
SB 356 would conform Alaska's legislative ethics statutes                      
to recently enacted legislation that amended Alaska                            
statutes regulating campaign fundraising activities.                           
                                                                               
She continued, SB 356 would place additional fundraising                       
restrictions on fundraising activities in the capital city                     
during legislative sessions.  All candidates for the Office                    
of Governor or Lieutenant Governor may solicit and accept                      
campaign funds during regular and special Legislative                          
sessions, providing it does not occur in the capital city.                     
                                                                               
Ms. Parker remarked that SB 356 contains an exemption from                     
the fundraising restrictions during the 90 days immediately                    
preceding an election in which the person is a candidate                       
for the State legislature, except that in SB 356, the                          
fundraising activity solicitation or acceptant may not                         
occur in the capital city.                                                     
                                                                               
Representative Mulder MOVED to report SB 356 am out of                         
Committee with individual recommendations and with the                         
accompanying fiscal note.  There being NO OBJECTION, it was                    
so ordered.                                                                    
                                                                               
SB 356 am was reported out of Committee with "no                               
recommendations" and with a zero fiscal note by the                            
Legislative Affairs Agency dated 4/27/98.                                      
SENATE BILL NO. 312                                                            
                                                                               
"An Act relating to animals, to food, to pest control,                         
and to the Alaska Food, Drug and Cosmetic Act; and                             
providing for an effective date."                                              
                                                                               
BETH HAGEVIG, STAFF, SENATOR GARY WILKEN, explained that SB
312 was a good government bill designed to help those in                       
the business of food production and service to better                          
access the laws that apply to them.  The legislation would                     
clean up various statutes relating to food and animals                         
under the purview of the Department of Environmental                           
Conservation by either deleting them or consolidating them                     
into AS 17.20, the Food, Drug and Cosmetic Act.  The                           
legislation makes no significant changes to DEC's current                      
authority relative to food and animals.                                        
                                                                               
Ms. Hagevig continued, current statutory requirements for                      
food production and service are scattered throughout Title                     
3, which covers agriculture and animals and Title 17, which                    
covers food and drugs.  Some of the provisions between                         
these two titles conflict with one another, while others                       
are obsolete.  In present form, statutes relating to food                      
production and service are often confusing and difficult to                    
find for those who need them, such as the Alaska food                          
servers and producers.  By consolidating the statues under                     
one act, and eliminating conflicting or obsolete statutes,                     
the Legislature provides greater access to the Laws of                         
Alaska for those most directly effected.  The housekeeping                     
measure is also a customer service issue that makes the                        
system user-friendly to all Alaskans, saves time and                           
provides for more efficient administration of food laws in                     
Alaska.                                                                        
                                                                               
Representative J. Davies MOVED to report SB 312 out of                         
Committee with individual recommendations and with the                         
accompanying zero fiscal note.  There being NO OBJECTION,                      
it was so ordered.                                                             
                                                                               
SB 312 was reported out of Committee with a "do pass"                          
recommendation and with a zero fiscal note by the                              
Department of Natural Resources.                                               
SENATE BILL NO. 313                                                            
                                                                               
"An Act relating to sponsor certification of                                   
initiative petitions; relating to sponsor                                      
identification during petition circulation; relating                           
to the violability of an initiated law; placing                                
limitations on the compensation that may be paid to                            
sponsors of initiative petitions; prohibiting payments                         
to persons who sign or refrain from signing initiative                         
petitions; and repealing procedures for filing a                               
supplementary initiative petition."                                            
                                                                               
MARILYN WILSON, STAFF, SENATOR BERT SHARP, explained that                      
SB 313 was an effort to bring the initiative process back                      
to a more grassroots effort.  SB 313 would require visual                      
identification of name and a voter registration                                
identification number of the petition circulators.  The                        
legislation would also prohibit payment per signature by                       
the sponsor.                                                                   
                                                                               
Ms. Wilson continued, the legislation would prohibit paying                    
a person to sign a petition.  In addition, existing law                        
grants a 30-day extension to a sponsor if they are                             
unsuccessful in obtaining the required number of verified                      
signatures within the allocated time frame.  SB 313 would                      
eliminate the 30-day extension.  If the required number of                     
signatures is not successfully obtained, the initiative                        
simply does not appear on the ballot.  She urged members to                    
consider passage of the legislation.                                           
                                                                               
Representative Mulder MOVED to adopt Amendment #1.  [Copy                      
on File].  Representative Mulder explained that the                            
amendment would create a new category of petition name                         
collectors, from a contract employee to a regular employee,                    
which would then require workman's compensation and other                      
benefits.  He acknowledged that he understood the intention                    
of the sponsor was that these people are volunteers or                         
receive a nominal fee for signature collection.  The                           
amendment would address the concern which keeps people on                      
as contract employees.                                                         
                                                                               
Representative Martin commented that the public should be                      
informed if the ballot collector was being paid per                            
signature.  Representative Therriault responded that the                       
bill does not require disclosure before promoting                              
signatures.                                                                    
                                                                               
Representative J. Davies pointed out that in the Supreme                       
Court case Myer versus Grant, a similar State ban was                          
invalidated on payment to initiative gathers, referencing                      
1st Amendment grounds.  He added that the Department of Law                    
has stated that any strict limit on payment raises similar                     
constitutional ground issues.  Co-Chair Therriault                             
questioned if that opinion had been drafted to the                             
prohibition.  Representative J. Davies replied that the                        
case had been a ban on payment.                                                
                                                                               
Co-Chair Therriault inquired if previous Committee hearings                    
had discussed the need for a ban.  Ms. Wilson replied that                     
no discussion pertaining to the ban had been heard in                          
previous Committees of referral.                                               
                                                                               
Representative Grussendorf pointed out that paying people                      
to collect signatures is counter to democracy.  He noted                       
his surprise that the issue had not been brought forward in                    
the House Judiciary Committee.  Co-Chair Therriault                            
disagreed, stating that it should be allowed.                                  
                                                                               
Representative J. Davies remarked that a person paid by the                    
hour would be less obtrusive than the person being paid by                     
the signature.  He thought that existing language would                        
less likely be challenged.                                                     
                                                                               
(Tape Change HFC 98- 162, Side 2).                                             
                                                                               
In response to Representative Mulder, Ms. Wilson noted that                    
the bill would eliminate the 30-day extension.                                 
Representative Grussendorf asked if that would be for all                      
petitions or only the ones, which there was a monetary wage                    
assigned.  Ms. Wilson stated that it would be for all.                         
                                                                               
SB 313 was HELD in Committee for further consideration.                        
SENATE BILL NO. 11                                                             
                                                                               
"An Act relating to state aid for school construction                          
debt; and providing for an effective date."                                    
                                                                               
Co-Chair Hanley advised that the current version of SB 11                      
was similar to SB 7 from two years prior, and that it would                    
address bond debt reimbursement for specific school                            
districts.  He noted that the total amount was $250 million                    
dollars of State general funds, with a $357 million dollar                     
total project cost, which would amount to a 70/30 match.                       
School district costs would be retroactive to FY95.  He                        
added that the legislation proposes to return to the school                    
districts, bonds which were not reimbursed.                                    
                                                                               
Co-Chair Hanley noted that the bill would be HELD in                           
Committee for further consideration.                                           
SENATE BILL NO. 151                                                            
                                                                               
"An Act relating to public employment labor relations;                         
relating to the protection of the rights of public                             
employees under the Public Employment Relations Act;                           
establishing ethical standards for union                                       
representatives of public employees; and establishing                          
disclosure requirements for public employee labor                              
organizations."                                                                
                                                                               
Co-Chair Therriault distributed the committee substitute                       
for SB 151, 0-LS0675\X, Cramer, 5/4/98.  [Copy on File].                       
                                                                               
MIKE TIBBLES, STAFF, REPRESENTATIVE GENE THERRIAULT,                           
highlighted the contents of the work draft.   He noted that                    
Section #2 would eliminate compulsory membership with a                        
provision that service fees may be included for collective                     
bargaining reimbursement in the adjustment of grievances.                      
                                                                               
Mr. Tibbles continued, Section #3 would establish the                          
ethical standards.  Section #4 clarifies that if there is a                    
modification of an agreement, it would be subject to                           
approval and modification of the Legislature.  Section #5                      
requires that if monetary terms have been disapproved, the                     
parties "shall" resume negotiations.                                           
                                                                               
Co-Chair Hanley added that Section #6 would establish if it                    
were a monetary term and if those were negotiated items                        
that had not come before the Legislature for approval.                         
Section #6 would establish that with a $10 thousand dollar                     
expenditure during the life of the bargaining agreement,                       
the Legislature shall be notified.                                             
                                                                               
Mr. Tibbles pointed out that Section #7 was the heart of                       
the short title.  It would establish the voluntary written                     
authorization requirement for the collection of membership                     
dues.  An authorization under that section may not be                          
irrevocable for a period longer than one year.  Section #8                     
creates the provisions regarding those that are not members                    
or pay dues.  Section #9 would place a limit on the use of                     
all money collected and determine how those funds should be                    
spent.                                                                         
                                                                               
Co-Chair Therriault added that the proposed legislation                        
applied to public employment labor groups.                                     
                                                                               
SB 151 was HELD in Committee for further consideration.                        
ADJOURNMENT                                                                    
                                                                               
The meeting adjourned at 9:30 P.M.                                             
                                                                               
H.F.C. 10 5/07/98 eve                                                          

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