Legislature(1997 - 1998)
05/07/1998 08:15 PM House FIN
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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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