Legislature(1993 - 1994)
02/06/1993 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 6, 1993
8:00 a.m.
MEMBERS PRESENT
Representative Al Vezey, Chairman
Representative Gary Davis
Representative Fran Ulmer
Representative Jerry Sanders
MEMBERS ABSENT
Representative Pete Kott, Vice Chairman
Representative Harley Olberg
Representative Bettye Davis
COMMITTEE CALENDAR
*HJR 24 Relating to the shortage of adequate housing for
military personnel and their dependents, directing
the Alaska Housing Fiance Corporation and certain
municipalities to develop a joint program for
improving the inventory of housing for those
personnel, and urging the governor and the
commissioner of natural resources to identify
state land that might be made available for that
housing.
MOVED OUT OF COMMITTEE WITH A DO PASS
RECOMMENDATION
HB 43 "An Act relating to Crime of Conspiracy."
MOVED OUT OF COMMITTEE WITH INDIVIDUAL
RECOMMENDATIONS
HB 69 "An Act relating to registration of and
information about sex offenders and amending
Alaska Rules of Criminal Procedure 11(c) and
32(b)."
CSHB 69 MOVED OUT OF COMMITTEE WITH A DO PASS
RECOMMENDATION
HB 36: "An Act relating to retirement incentive programs
for the public employees' retirement system, the
teachers' retirement system, and certain persons
under the judicial retirement system; and
providing for an effective date."
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
HB 47: "An Act relating to the delivery of the primary
ballots to persons making application for them
when, by operation of political party rule, two or
more primary ballots must be provided to the
public."
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
HJR 3: Proposing amendments to the Constitution of the
State of Alaska limiting tenure in the
legislature.
NOT HEARD
HJR 4: Proposing amendments to the Constitution of the
State of Alaska limiting tenure in the
legislature.
NOT HEARD
HB 17: "An Act limiting tenure in the legislature."
NOT HEARD
(* first public hearing)
WITNESS REGISTER
Howard Joyce, Legislative Aide to
Representative Eldon Mulder
State Capitol, Room 116
Juneau, Alaska 99801-1182
465-2647
Position Statement: Gave an overview of HJR 24
Charles Mallott
Ketchikan Police Department
361 Main Street
Ketchikan, AK 99901
225-6631
Position Statement: Supported HB 69
Kathy Hankins
303 E. Bayview Ave
Homer, AK 99603
235-7339
Position Statement: Supported HB 69
Doug Wooliver, Legislative Aide to
Representative Ramona Barnes
State Capitol, Room 208
Juneau, Alaska 99801-1182
465-3438
Position Statement: Discussed registration time for
offenders
Gigi Pilcher
Women in Safe Homes
P.O. Box 6552
Ketchikan, AK 99901
225-0202
Position Statement: Supported HB 69
Bill Elberson
Chamber of Commerce
2442 Tongass
Ketchikan, AK 99901
225-6191
Position Statement: Supported HB 69
Meredith Marshall, District Attorney
429 Edmond Street
Ketchikan, AK 99901
225-3877
Position Statement: Supported HB 69
Linda Meyers
P.O. Box 131
Homer, AK 99603
235-5304
Position Statement: Supported HB 69
Darlene Morgan
427 Alder Street
Ketchikan, AK 99901
225-4057
Position Statement: Supported HB 69
Al Meyers
P.O. Box 131
Homer, AK 99603
235-7339
Position Statement: Supported HB 69
Terry Steward
427 Alder Street
Ketchikan, AK 99901
225-4057
Position Statement: Supported HB 69
Andrea Jacobsen
Ketchikan Police Department
15 Wood Road
Ketchikan, AK 99901
225-5934
Position Statement: Supported HB 69
John Dempsey
P.O. Box 9156
Ketchikan, AK 99901
225-8787
Position Statement: Discussed after care of offenders
Dave Chatterton
801 W. Winter
Wasilla, AK 99754
Position Statement: Indiscernible
Thais Thomas, Teacher
Anchorage, AK
Position Statement: Supported HB 36
Gene Smart, Teacher
Nikiski, Alaska 99635
Position Statement: Supported HB 36
Patrick Williams
Palmer Correctional Center
HB 02 Box 7042
Palmer, AK 99745
745-7137
Position Statement: Supported HB 36
Bill Munroe
2950 Mariann's Way
Wasilla, AK 99654
Position Statement: Supported HB 36
Frank Price
Inland Boatmen's Association
Position Statement: Supported HB 36
Tom Anderson, Legislative Aide to
Representative Terry Martin
State Capitol, Room 411
Juneau, Alaska 99801-1182
465-3783
Position Statement: Gave an overview of HB 47
Chip Thoma
Two Marine Way
Juneau, Alaska 9801
Position Statement: Indiscernible
PREVIOUS ACTION
BILL: HJR 24
SHORT TITLE: MILITARY HOUSING SHORTAGE
BILL VERSION: SCS HJR 24(STA) AM S
SPONSOR(S): REPRESENTATIVE(S) MULDER,Barnes,Foster,Hudson,
Willis,James,Porter,Brown,Toohey,Kott,Bunde,Hanley,Larson;
SENATOR(S) Phillips,Kelly
TITLE: Relating to adequate housing for military personnel
and their dependents, directing the Alaska Housing Finance
Corporation and certain municipalities to develop a joint
program for improving the inventory of housing for those
personnel, and urging the governor, the commissioner of
natural resources, and local officials to identify public
land that might be made available for that housing.
JRN-DATE JRN-PG ACTION
02/03/93 212 (H) READ THE FIRST TIME/REFERRAL(S)
02/03/93 212 (H) STATE AFFAIRS
02/03/93 222 (H) STA WAIVED PUBLIC HEARING
NOTICE,RULE 23
02/06/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 43
SHORT TITLE: CRIME OF CONSPIRACY
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) PORTER,Phillips,Olberg,B.Davis
TITLE: "An Act relating to the crime of conspiracy."
JRN-DATE JRN-PG ACTION
01/11/93 35 (H) READ THE FIRST TIME/
REFERRAL(S)
01/11/93 35 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/18/93 102 (H) COSPONSOR(S): OLBERG
02/02/93 (H) STA AT 08:00 AM CAPITOL 102
02/02/93 (H) MINUTE(STA)
02/03/93 223 (H) COSPONSOR(S): B.DAVIS
02/04/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 69
SHORT TITLE: SEX OFFENDER REGISTRATION
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) BARNES,Ulmer,Phillips,
Nordlund,Porter,Olberg,James,B.Davis,Green, Sanders,Toohey
TITLE: "An Act relating to registration of and information
about sex offenders and amending Alaska Rules of Criminal
Procedure 11(c) and 32(b)."
JRN-DATE JRN-PG ACTION
01/15/93 89 (H) READ THE FIRST TIME/REFERRAL(S)
01/15/93 90 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/27/93 169 (H) COSPONSOR(S): NORDLUND
01/29/93 183 (H) COSPONSOR(S): PORTER
02/01/93 202 (H) COSPONSOR(S): OLBERG, JAMES,
B.DAVIS
02/02/93 (H) STA AT 08:00 AM CAPITOL 102
02/02/93 (H) MINUTE(STA)
02/03/93 223 (H) COSPONSOR(S): GREEN, SANDERS,
TOOHEY
02/04/93 (H) STA AT 08:00 AM CAPITOL 102
02/06/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 36
SHORT TITLE: RETIREMENT INCENTIVE PROGRAM
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MACKIE,Hudson,Ulmer,B.Davis,
Brice
TITLE: "An Act relating to retirement incentive programs for
the public employees' retirement system, the teachers'
retirement system, and certain persons under the judicial
retirement system; and providing for an effective date."
JRN-DATE JRN-PG ACTION
01/08/93 33 (H) PREFILE RELEASED
01/11/93 33 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 33 (H) STATE AFFAIRS, LABOR &
COMMERCE, FINANCE
01/28/93 (H) STA AT 08:00 AM CAPITOL 102
01/28/93 (H) MINUTE(STA)
01/28/93 (H) MINUTE(STA)
01/29/93 182 (H) COSPONSOR(S): HUDSON- FIRST
COSPONSOR
01/29/93 182 (H) COSPONSOR(S): B.DAVIS, BRICE
01/30/93 (H) STA AT 08:00 AM CAPITOL 102
01/30/93 (H) MINUTE(STA)
01/30/93 (H) MINUTE(STA)
02/02/93 (H) MINUTE(STA)
02/04/93 (H) STA AT 08:00 AM CAPITOL 102
02/06/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 47
SHORT TITLE: ABSENTEE BALLOTS - PRIMARY ELECTIONS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MARTIN
TITLE: "An Act relating to the delivery of the primary
ballots to persons making application for them when, by
operation of political party rule, two or more primary
ballots must be provided to the public."
JRN-DATE JRN-PG ACTION
01/12/93 43 (H) READ THE FIRST TIME/REFERRAL(S)
01/12/93 43 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/28/93 (H) STA AT 08:00 AM CAPITOL 102
01/30/93 (H) STA AT 08:00 AM CAPITOL 102
01/30/93 (H) MINUTE(STA)
02/04/93 (H) STA AT 08:00 AM CAPITOL 102
02/06/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HJR 3
SHORT TITLE: LIMITING TERMS OF LEGISLATORS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MARTIN,Kott
TITLE: Proposing amendments to the Constitution of the State
of Alaska limiting tenure in the legislature.
JRN-DATE JRN-PG ACTION
01/04/93 22 (H) PREFILE RELEASED
01/11/93 22 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 22 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/26/93 (H) STA AT 08:00 AM CAPITOL 102
01/26/93 (H) MINUTE(STA)
01/26/93 (H) MINUTE(STA)
01/26/93 (H) MINUTE(STA)
01/26/93 (H) MINUTE(STA)
01/30/93 (H) STA AT 08:00 AM CAPITOL 102
01/30/93 (H) MINUTE(STA)
02/06/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HJR 4
SHORT TITLE: LIMITING TERMS OF LEGISLATORS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) NORDLUND,Carney
TITLE: Proposing amendments to the Constitution of the State
of Alaska limiting tenure in the legislature.
JRN-DATE JRN-PG ACTION
01/04/93 22 (H) PREFILE RELEASED
01/11/93 22 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 22 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/22/93 143 (H) COSPONSOR(S): CARNEY
01/26/93 (H) STA AT 08:00 AM CAPITOL 102
01/26/93 (H) MINUTE(STA)
01/26/93 (H) MINUTE(STA)
01/30/93 (H) STA AT 08:00 AM CAPITOL 102
01/30/93 (H) MINUTE(STA)
02/06/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 17
SHORT TITLE: LIMITING TERMS OF LEGISLATURE
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MARTIN
TITLE: "An Act limiting tenure in the legislature."
JRN-DATE JRN-PG ACTION
01/04/93 28 (H) PREFILE RELEASED
01/11/93 29 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 29 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/26/93 (H) STA AT 08:00 AM CAPITOL 102
01/26/93 (H) MINUTE(STA)
01/30/93 (H) STA AT 08:00 AM CAPITOL 102
01/30/93 (H) MINUTE(STA)
02/06/93 (H) STA AT 08:00 AM CAPITOL 102
ACTION NARRATIVE
TAPE 93-13, SIDE A
Number 000 -- TAPE BLANK -- MEETING NOT RECORDED
CHAIRMAN AL VEZEY called the seventh meeting of the House
State Affairs Committee to order on Saturday, February 6,
1993, at 8:02 a.m., and noted a quorum was present.
HJR 24: MILITARY HOUSING SHORTAGE
CHAIRMAN VEZEY stated the meeting was being teleconferenced
to Fairbanks, Anchorage, Soldotna, Mat-Su, Ketchikan and
Sitka. He read the title of HJR 24 and invited comments.
HOWARD JOYCE, LEGISLATIVE AIDE TO REPRESENTATIVE ELDON
MULDER, PRIME SPONSOR of HJR 24, gave an overview of the
resolution, which required the Alaska Housing Finance
Corporation (AHFC), and certain municipalities to come up
with a solution to the military housing shortage in Alaska.
He advised that HJR 24 had been put together by General Cox,
Commissioner of the Department of Military and Veterans
Affairs, Representative Mulder and Senator Stevens. He said
that according to Senator Stevens, Anchorage and Fairbanks
did not meet the housing criteria of the Department of
Defense, so there was a chance that Alaskan military bases
could be closed.
MR. JOYCE alleged the Base Relocation and Closure Commission
had been formed and would meet soon to begin to review bases
for closure. Studies in Anchorage and Fairbanks had shown
that approximately 50 percent of off-base military personnel
were unsuitably housed, he said, and the majority of those
were noncommissioned officers and enlisted personnel. In
Anchorage, a study had shown the market had enough one and
two bedroom housing but not enough three and four bedroom
units, while in Fairbanks, an eight hundred and one housing
unit had been authorized, he disclosed.
MR. JOYCE added the 801 housing unit was a program where a
private developer constructed housing which would then be
leased to the military for 20-25 year periods. He disclosed
Ben Lomon Construction had been awarded the contract in
September, 1991, but had been unable to obtain long-term
financing.
MR. JOYCE stated it was the sponsors' intent for the AHFC to
come up with regulations or a plan that would allow private
developers to invest and provide the housing. He stated
also that Senator Stevens had requested HJR 24 be passed as
soon as possible, because if Alaska wanted the military
bases to remain open, adequate military housing must be
available.
CHAIRMAN VEZEY summarized HJR 24 for the committee. He
alleged the Governor worked with the Department of Natural
Resource to "pull this through."
REPRESENTATIVE GARY DAVIS said, "This creates a condition
that is the bases in Alaska. We have the mechanism to build
if state decides."
CHAIRMAN VEZEY explained HJR 24.
MR. JOYCE stated HJR 24 was a proposal for showing of
commitment, and suggested striking a word on page 6 and
putting in an amendment.
CHAIRMAN VEZEY thanked Mr. Joyce for his testimony. He
asked if any person wished to testify on HJR 24. He then
MOTIONED to AMEND.
REPRESENTATIVE G. DAVIS MOTIONED to move HJR 24 out of
committee. Roll was taken and the vote to pass was
unanimously yes.
HB 43: CRIME OF CONSPIRACY
CHAIRMAN VEZEY asked if there was any testimony on HB 43.
Hearing none, REPRESENTATIVE G. DAVIS MOTIONED to move HB 43
out of committee. Roll was taken and the vote to pass was
unanimously yes.
HB 69: SEX OFFENDER REGISTRATION
Number 368
CHARLES MALLOT, KETCHIKAN POLICE DEPARTMENT, spoke in
support of HB 69. He said, "It would be extremely helpful
to us, and I feel the maximum amount of time should be 30
days."
Number 476
KATHY HANKINS spoke in support of HB 69.
There was further discussion with Doug Wooliver,
Representative Ulmer, Chairman Vezey, and Ms. Hankins
regarding the length of time records would be kept on file.
MS. HANKINS felt the concern was on days. She supported the
idea to lessen the time to two weeks to register and payment
of the registration fees by offenders.
DOUG WOOLIVER, LEGISLATIVE AIDE TO RAMONA BARNES, PRIME
SPONSOR of HB 69, discussed the time for offenders to
register. Shorten time frame, like the state of Washington,
upon release to 10 days after. Shorten up those times to
register.
GIGI PILCHER spoke in favor of HB 69. She shared concern
about out-of-state offenders, and felt the time change to be
lowered for out-of-state offenders. She said, "What is the
point of HB 69 without a prosecutor? They cannot get cases
prosecuted because there is no budget in Ketchikan."
BILL ELBERSON, KETCHIKAN CHAMBER OF COMMERCE, spoke in favor
of HB 69. He asked to stop the violence on women and
children of Ketchikan and said, "They deserve the freedom of
unreasonable fear. This freedom is not possible with sex
offenders out."
Number 538
MEREDITH MARSHALL, KETCHIKAN DISTRICT ATTORNEY, said
Ketchikan had only two district attorneys' and they needed
more support.
Number 558
LINDA MEYERS spoke in support of HB 69. She said, "Assist
our law enforcement agencies. Offenders should pay to
register. It would remind criminals how serious this is."
She requested more money for the Department of Law, and
stated 45 days was too long and 30 days maximum to register
was more appropriate.
CHAIRMAN VEZEY discussed registration. He suggested
providing a system of registration adopted by other states,
and stated that we needed to be careful of this adoption.
Number 601
DARLENE MORGAN spoke in support of HB 69.
AL MEYERS spoke in support of HB 69 and requested funding
for the Department of Law.
TERRY STEWARD spoke in support of HB 69. He said, "As a
concerned citizen for registration, I think we should code
drivers licenses for law to know if stopped."
ANDREA JACOBSEN spoke in support of HB 69. She said, "There
is no limit to registration. There is no cure for this
deviance. Information and a photograph should be known to
the public. The time limit should be decreased.
Convictions should not have this long of a time factor in
order to register as a sex offender."
JOHN DEMPSEY who worked with sex offenders for nine years
discussed after care for the improvement of the offender.
MS. MARSHALL spoke in support of HB 69.
TAPE 93-13, SIDE B
Number 000
REPRESENTATIVE FRAN ULMER made a MOTION to ADOPT CSHB 69.
Passed out on 4-0 vote to Judiciary Committee.
HB 36: RETIREMENT INCENTIVE PROGRAM
DAVE CHATTERTON said HB 36 resulted in millions of dollars
being saved in previous years.
THAIS THOMAS, a teacher, said, "I won't be able to
participate, but I am speaking on behalf of my friends.
There are people who have put in a lot of years teaching.
HB 36 provides the possibility to enhance their options to
make choices."
Number 678
GENE SMART, NIKISKI TEACHER, provided information obtained
from an audit report. RIP program 82 saved 2 million in 89,
saved almost 2 million. Section 2 part B of bill 93-94, was
a shortfall of the budget. We have no money to hire
additional teachers. I quote "No teaching positions,"
inabilities. Pretty scary, when $46,000 out of the
equipment. Two teacher positions will be cut. Affording
one for each five budget teachers. All be in favor of HB
36. Last Saturday's excerpt, Terry Martin said it was a
brain drain. First and second year teachers may lose their
jobs. It will save our district lots of money. University
of Alaska's alumni supported, instead of seeing graduates go
elsewhere, they'll have incentive to stay in our state and
teach.
CHAIRMAN VEZEY encouraged written testimony.
REPRESENTATIVE G. DAVIS asked, "Do you have the number of
who is eligible for RIP this year, should it pass?"
MR. SMART replied "Around 50-80 teachers."
PATRICK WILLIAMS, PALMER CORRECTIONAL CENTER, spoke in
support of HB 36. He said, "This will help alleviate
burnout which creates inefficiency."
BILL MUNROE who was representing 100 employees, stated HB 36
would save a great deal of money, and the money could be
used to hire new teachers.
FRANK PRICE, testified on behalf of INLAND BOATMEN'S
ASSOCIATION, which represents unlicensed crewmen of the
Alaska Marine Highway, in favor of HB 36. He said, "If the
bill passed everyone will not be able to use it. We can
only use it to save money. Why not pass it if it can only
save money?"
Number 347
HB 47: ABSENTEE BALLOTS -- PRIMARY ELECTIONS
Number 357
TOM ANDERSON, LEGISLATIVE AIDE TO REPRESENTATIVE TERRY
MARTIN, PRIME SPONSOR of HB 47 said, "We found constituents
did not receive the right ballots." He referenced the
decision on Zawacki vs. State. He stated Representative
Martin opted to change the law, but those not choosing open
ballots were disenfranchised because they still received the
open ballot (wanted closed Republican, but was sent an open
ballot). He said, "A person who does not signify gets all
the ballots allowed by party by-laws. Example: Democrats
will not be sent Republican ballot. It is a felony if both
ballots be sent back, even if unused."
REPRESENTATIVE ULMER asked "Where is the section that says
it is a felony to mark both ballots?"
CHAIRMAN VEZEY, "I do not recall it to be a felony."
MR. ANDERSON, "I do believe it to be a felony though. I
will inquire with legal services."
REPRESENTATIVE ULMER, "I just wonder about confusion, if not
fraud. I would like info on this, therefore, I have
questions concerning how it works."
Number 455
CHAIRMAN VEZEY added if republican party said others could
not vote in their primary, or if included republican party
candidates.
MR. ANDERSON, "If they did not mark the desired ballot, they
(and Republican) would receive all allowable ballots. At
present, this is not the case."
CHAIRMAN VEZEY, "Don't refer to Democrat ballot as other
ballot."
Number 525
CHIP TOMA, a former employee of the Division of Elections,
said, "Let elections devise a plan for this. Save expense.
You are confusing the issue with this. Situations do work
themselves out."
ADJOURNMENT
CHAIRMAN VEZEY, with no further comments on terms limit
bill, stated a proposal was being drafted. He then
adjourned the meeting at 9:29 a.m.
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