Legislature(1999 - 2000)

02/23/1999 08:05 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                                   
                 February 23, 1999                                                                                              
                     8:05 a.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Jeannette James, Chair                                                                                           
Representative John Coghill, Jr.                                                                                                
Representative Scott Ogan                                                                                                       
Representative Jim Whitaker                                                                                                     
Representative Bill Hudson                                                                                                      
Representative Beth Kerttula                                                                                                    
Representative Harold Smalley                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 80                                                                                                               
"An Act relating to a state employment preference for certain                                                                   
members of the Alaska National Guard."                                                                                          
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 45                                                                                                               
"An Act relating to initiative and referendum petitions; and                                                                    
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 7                                                                                                    
Proposing an amendment to the Constitution of the State of Alaska                                                               
relating to initiative and referendum petitions.                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB  80                                                                                                                    
SHORT TITLE: EMPLOYMENT PREFERENCE FOR NAT'L GUARD                                                                              
SPONSOR(S): REPRESENTATIVES(S) MORGAN, Foster, Kapsner, Masek,                                                                  
Harris, Kott, Mulder, Croft, Dyson, Coghill, Rokeberg, Phillips,                                                                
Murkowski                                                                                                                       
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/03/99       133     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/03/99       133     (H)  MLV, STATE AFFAIRS                                                                                  
 2/05/99       147     (H)  COSPONSOR(S): COGHILL, ROKEBERG,                                                                    
 2/05/99       147     (H)  PHILLIPS                                                                                            
 2/08/99       173     (H)  COSPONSOR(S): MURKOWSKI                                                                             
 2/16/99               (H)  MLV AT  5:00 PM CAPITOL 120                                                                         
 2/16/99               (H)  MOVED OUT OF COMMITTEE                                                                              
 2/17/99       235     (H)  MLV RPT  7DP                                                                                        
 2/17/99       235     (H)  DP: FOSTER, PHILLIPS, CROFT, COGHILL,                                                               
 2/17/99       235     (H)  KOTT, JAMES, MURKOWSKI                                                                              
 2/17/99       235     (H)  ZERO FISCAL NOTE (ADM)                                                                              
 2/17/99       235     (H)  REFERRED TO STA                                                                                     
 2/23/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HB  45                                                                                                                    
SHORT TITLE: INITIATIVE/REFERENDUM PETITIONS                                                                                    
SPONSOR(S): REPRESENTATIVES(S) WILLIAMS                                                                                         
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/19/99        30     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/19/99        30     (H)  STATE AFFAIRS, FINANCE                                                                              
 2/11/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 2/11/99               (H)  HEARD AND HELD                                                                                      
 2/19/99               (H)  STA AT  3:30 PM CAPITOL 102                                                                         
 2/19/99               (H)  MINUTE(STA)                                                                                         
 2/23/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HJR  7                                                                                                                    
SHORT TITLE: CONST AM: INITIATIVE/REFERENDUM PETITIONS                                                                          
SPONSOR(S): REPRESENTATIVES(S) WILLIAMS                                                                                         
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/19/99        17     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/19/99        17     (H)  STATE AFFAIRS, JUDICIARY, FINANCE                                                                   
 2/11/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 2/11/99               (H)  HEARD AND HELD                                                                                      
 2/19/99               (H)  STA AT  3:30 PM CAPITOL 102                                                                         
 2/19/99               (H)  MINUTE(STA)                                                                                         
 2/23/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE JOHN COGHILL, JR                                                                                                 
Alaska State Legislature                                                                                                        
Capitol Building, Room 416                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3719                                                                                                      
POSITION STATEMENT:  Presented sponsor statement for HB 80.                                                                     
                                                                                                                                
HEATHER KINZIE, Employee Resources Consultant                                                                                   
Division of Personnel                                                                                                           
Department of Administration                                                                                                    
P.O. Box 110201                                                                                                                 
Juneau, Alaska 99811-0201                                                                                                       
Telephone:  (907) 465-4076                                                                                                      
POSITION STATEMENT: Testified neither in support nor against HB 80.                                                             
                                                                                                                                
THELMA BUCHHOLDT, Director                                                                                                      
Office of Equal Employment Opportunity                                                                                          
Office of the Governor                                                                                                          
Frontier Building                                                                                                               
3601 C Street, Suite 250                                                                                                        
Anchorage, Alaska 99503                                                                                                         
Telephone:  (907) 269-7495                                                                                                      
POSITION STATEMENT: Testified on HB 80 in regards to women and                                                                  
                    minorities.                                                                                                 
                                                                                                                                
CAROL CARROLL, Director                                                                                                         
Administrative Services Division                                                                                                
Department of Military and Veterans Affairs                                                                                     
400 Willoughby Avenue, Suite 500                                                                                                
Juneau, Alaska 99811                                                                                                            
Telephone:  (907) 465-4730                                                                                                      
POSITION STATEMENT:   Testified in support of HB 80.                                                                            
                                                                                                                                
CHRIS NELSON, Staff                                                                                                             
   to the Senate Majority                                                                                                       
Alaska State Legislature                                                                                                        
Capitol Building, Room 413                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3865                                                                                                      
POSITION STATEMENT:  Testified in support of HB 80.                                                                             
                                                                                                                                
BRUCE GAZAWAY, President                                                                                                        
Alaska National Guard Enlisted Association                                                                                      
(Address not provided)                                                                                                          
Telephone:  (Not provided)                                                                                                      
POSITION STATEMENT:   Testified in support of HB 80.                                                                            
                                                                                                                                
CRAIG LISONBEE, Sergeant Major                                                                                                  
Alaska Army National Guard                                                                                                      
(Address not provided)                                                                                                          
Telephone:  (Not provided)                                                                                                      
POSITION STATEMENT: Answered questions regarding attrition rate of                                                              
                    the Alaska Army National Guard.                                                                             
                                                                                                                                
BRUCE J. GABRYS, President                                                                                                      
Alaska National Guard Officer's Association                                                                                     
200 West 34th Avenue, Suite 727                                                                                                 
Anchorage, Alaska 99503                                                                                                         
Telephone:  (907) 694-3874                                                                                                      
POSITION STATEMENT:   Testified in support of HB 80.                                                                            
                                                                                                                                
REPRESENTATIVE CARL MORGAN                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building, Room 409                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-4527                                                                                                      
POSITION STATEMENT:  Sponsor of HB 80.                                                                                          
                                                                                                                                
FATE PUTMAN, Representative                                                                                                     
Alaska State Employees Association/Local 52 AFSCME AFL-CIO                                                                      
P.O. Box 20473                                                                                                                  
Juneau, Alaska 99802                                                                                                            
Telephone:  (907) 586-2813                                                                                                      
POSITION STATEMENT: Testified on HB 80 in relation to collective                                                                
                    bargaining units.                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-7, SIDE A                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
CHAIR JEANNETTE JAMES called the House State Affairs Standing                                                                   
Committee meeting to order at 8:05 a.m.  Members present at the                                                                 
call to order were Representatives James, Coghill, Ogan, Whitaker,                                                              
Kerttula and Smalley.  Representative Hudson arrived at 8:10 a.m.                                                               
                                                                                                                                
HB 80 - EMPLOYMENT PREFERENCE FOR NAT'L GUARD                                                                                   
                                                                                                                                
Number 008                                                                                                                      
                                                                                                                                
CHAIR JAMES announced the first order of business is HB 80, "An Act                                                             
relating to a state employment preference for certain members of                                                                
the Alaska National Guard."                                                                                                     
                                                                                                                                
CHAIR JAMES explained Representative Morgan, sponsor of the bill,                                                               
is not available to discuss the bill and that Representative                                                                    
Coghill has agreed to present the sponsor statement.                                                                            
                                                                                                                                
Number 014                                                                                                                      
                                                                                                                                
REPRESENTATIVE JOHN COGHILL JR, Alaska State Legislature, read the                                                              
following sponsor statement into the record:                                                                                    
                                                                                                                                
     This legislation serves as motivation for joining the                                                                      
     Alaska National Guard by establishing an enlistment and                                                                    
     retention incentive.  This bill will initiate a state                                                                      
     hiring preference for Alaska National Guard members                                                                        
     recognizing their tremendous contributions to our state.                                                                   
                                                                                                                                
     Specifically, the bill will allow three points to be                                                                       
     added to the passing grade of a member of the Alaska                                                                       
     National Guard when qualified for classified service                                                                       
     under the State of Alaska's merit system examination.  To                                                                  
     qualify for the preference points, Alaska National Guard                                                                   
     members may have served in the Alaska National Guard for                                                                   
     eight years.  A person may use the preference without                                                                      
     limitation when being considered for a position for which                                                                  
     persons who are not currently state employees are being                                                                    
     considered.                                                                                                                
                                                                                                                                
     Currently, under Statute 39.25.159, the bill considers                                                                     
     preference for veterans, disabled veterans and prisoners                                                                   
     of war.  With the introduction of this new bill, members                                                                   
     of the Alaska National Guard will also be included in the                                                                  
     hiring preference.                                                                                                         
                                                                                                                                
REPRESENTATIVE COGHILL JR noted, as somebody who has worked with                                                                
the guard in his district, these folks deserve respect for having                                                               
to strap on a gun and be called into harm's way.                                                                                
                                                                                                                                
Number 063                                                                                                                      
                                                                                                                                
HEATHER KINZIE, Employee Resources Consultant, Division of                                                                      
Personnel, Department of Administration, stated the department                                                                  
neither opposes nor supports HB 80.  The department simply wants to                                                             
present the impact of the bill on certain operations for the state.                                                             
Firstly, the state uses Workplace Alaska, an on-line application                                                                
process, for all of its classified service positions.  Classified                                                               
service positions are those positions backed by bargaining units.                                                               
For the general government bargaining unit, a little more than 70                                                               
percent of the workforce, there is a numerical scoring device.                                                                  
Applicants who meet minimum qualifications receive a score of 70,                                                               
and an additional 10 points are added for certain desirable                                                                     
qualifications for a total score of 100.  The bill would add an                                                                 
additional five points for veterans.  Ms. Kinzie referred to a                                                                  
handout titled, "Workplace Alaska Ranking System", and noted there                                                              
are currently 9 ranks starting at a score of 70 and increasing in                                                               
increments of 5 to a total score of 100.  The bill would increase                                                               
the ranks to 13 starting at a score of 70 and increasing in                                                                     
increments of 3 to a total score of 110.  She also noted the two                                                                
possible scenarios [Scenarios A and B] in the handout illustrating                                                              
the "reachable"  candidates.  She explained she did not take any                                                                
veteran preference away from the applicant pool because it weighs                                                               
more than an Alaska National Guard preference.  In Scenario B she                                                               
added an Alaska National Guard preference to a regular applicant                                                                
with no preference.  She noted the addition decreased the applicant                                                             
pool drastically from 13 to 9 reachable candidates, and from 9 to                                                               
2 for reachable candidates without a special preference.                                                                        
                                                                                                                                
Number 178                                                                                                                      
                                                                                                                                
REPRESENTATIVE WHITAKER asked Ms. Kinzie whether the possible                                                                   
scenarios are plausible, probable or absolute.                                                                                  
                                                                                                                                
MS. KINZIE replied possible.                                                                                                    
                                                                                                                                
REPRESENTATIVE WHITAKER asked Ms. Kinzie, referring to the                                                                      
possibility, whether there could have been more applicants without                                                              
a special preference in Scenario B.                                                                                             
                                                                                                                                
MS. KINZIE replied it is possible, but Scenario B includes the                                                                  
overall possible percentage of veterans at 12 percent - the number                                                              
of applicants receiving veteran points.  She reiterated she                                                                     
included an Alaska National Guard preference in Scenario B which                                                                
caused a decrease, but the scenario is as close as she could make                                                               
it.  Yes, it is possible that there could be more "normal"                                                                      
applicants who would have scored just as high increasing the number                                                             
of reachable applicants.                                                                                                        
                                                                                                                                
Number 215                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA stated for clarification that nobody other                                                              
than a veteran could score 110.                                                                                                 
                                                                                                                                
MS. KINZIE replied correct.  She reiterated about 70 percent of the                                                             
vacancies for classified service positions are ranked numerically                                                               
from a starting score of 70 up to 110.  The other vacancies are                                                                 
unranked, but veteran points apply.  In other words, everyone                                                                   
starts with a score of zero and veterans get five or ten preference                                                             
points.  The bill would include three as a fourth rank.                                                                         
                                                                                                                                
Number 232                                                                                                                      
                                                                                                                                
REPRESENTATIVE WHITAKER stated it appears Scenario B should be                                                                  
headed "probable" rather than "possible" because a percentage of                                                                
actual population is being used.  He asked Ms. Kinzie whether she                                                               
agrees.                                                                                                                         
                                                                                                                                
MS. KINZIE replied, yes, it should be a probable scenario.                                                                      
                                                                                                                                
CHAIR JAMES announced the presence of Representative Hudson.                                                                    
                                                                                                                                
Number 247                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON asked Ms. Kinzie whether a lot of Alaskan                                                                 
veterans are using their preference and actually receiving a job.                                                               
                                                                                                                                
MS. KINZIE asked, for clarification, whether Representative Hudson                                                              
is interested in the percentage of veterans applying for jobs where                                                             
that veteran's preference points are applicable, or the number of                                                               
veterans actually getting jobs because of that veteran's points.                                                                
                                                                                                                                
REPRESENTATIVE HUDSON replied he is interested in whether or not                                                                
veterans are applying for jobs and getting them.                                                                                
                                                                                                                                
MS. KINZIE replied, according to statute, veterans only receive                                                                 
preference points for open, competitive lists.  They do not receive                                                             
preference points for promotional opportunities.  The current                                                                   
percentage of applicants receiving veteran points is 12.  She does                                                              
not know how many veterans are getting jobs because of that                                                                     
veteran's preference points, but she would try and get that                                                                     
information to him.                                                                                                             
                                                                                                                                
Number 275                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON stated that information would be helpful and                                                              
interesting in order to see whether or not it is working.                                                                       
                                                                                                                                
Number 282                                                                                                                      
                                                                                                                                
MS. KINZIE continued.  She noted that there would be two other                                                                  
impacts on the operation of the state.  Firstly, she explained the                                                              
state gives veteran preference points after 180 days of active duty                                                             
during a war period, once disabled, or once a prisoner of war.  A                                                               
veteran will always receive that preference.  House Bill 80,                                                                    
however, does not state that for the guard.  It only states that a                                                              
member has to be in the guard for eight years and active.  Those                                                                
circumstances can change placing a burden on the state by requiring                                                             
every applicant for every application to show eligibility.                                                                      
Secondly, she explained there is a high percentage of employees                                                                 
with guard status within the Department of Corrections and                                                                      
Department of Public Safety and noted that Desert Storm placed a                                                                
burden on those departments because of the shortage of staff.  The                                                              
departments had to seek other types of coverage, such as                                                                        
double-shift and overtime.  The bill might solve the retention                                                                  
problem the guard is having while at the same time put an undue                                                                 
burden on the state.                                                                                                            
                                                                                                                                
Number 325                                                                                                                      
                                                                                                                                
REPRESENTATIVE OGAN referred to the zero fiscal note and asked Ms.                                                              
Kinzie whether the department is going to absorb the additional                                                                 
burdens.                                                                                                                        
                                                                                                                                
MS. KINZIE replied she doesn't know.  She would have to get back to                                                             
the committee on that.                                                                                                          
                                                                                                                                
REPRESENTATIVE OGAN wondered whether a zero fiscal note is                                                                      
accurate.                                                                                                                       
                                                                                                                                
CHAIR JAMES noted Representative Ogan's concern and stated it is                                                                
something that can't be calculated.  Nevertheless, the national                                                                 
guard is so important that the state needs to allow its members to                                                              
have a job and continue service - the purpose of the bill.  She is                                                              
not sure whether or when there would be a fiscal impact on the                                                                  
departments, however.  She noted a fiscal note addresses the                                                                    
current budget, and it is good to talk about a possible fiscal                                                                  
impact, but a positive fiscal note would not be appropriate.                                                                    
                                                                                                                                
Number 372                                                                                                                      
                                                                                                                                
THELMA BUCHHOLDT, Director, Office of Equal Employment Opportunity,                                                             
Office of the Governor, testified via teleconference from                                                                       
Anchorage.  She noted there are presently 13,543 state employees in                                                             
the executive branch of which 2,294 or 5 percent are minorities:                                                                
Native Americans, Alaska Natives, Asian-Pacific Islanders,                                                                      
Hispanics and African-Americans.  She stated the bill might affect                                                              
the application and retention of minorities and women.  It is                                                                   
another hurdle for them when the state has a hard time hiring                                                                   
minorities anyway.  She explained there have been complaints from                                                               
Alaska Natives and African-Americans regarding the insufficient                                                                 
number of their people in state jobs.  She reiterated adding                                                                    
another preference above and beyond the five and ten points to                                                                  
veterans would be detrimental to the hiring of minorities.  She                                                                 
asked that the committee members consider her concerns when                                                                     
deliberating the bill.                                                                                                          
                                                                                                                                
Number 413                                                                                                                      
                                                                                                                                
CHAIR JAMES asked Ms. Buchholdt whether there is a high percentage                                                              
of Alaska Natives in the guard and wouldn't that increase the                                                                   
opportunity for minority hire.                                                                                                  
                                                                                                                                
MS. BUCHHOLDT replied, yes, but she is not talking about them.  She                                                             
recognized that the bill could be a boost to Native hire.  She is                                                               
talking about the other minorities and women.  Traditionally, most                                                              
guard members are male thereby depriving white females and                                                                      
minorities the opportunity to compete for those jobs.                                                                           
                                                                                                                                
Number 433                                                                                                                      
                                                                                                                                
REPRESENTATIVE WHITAKER noted he would like to see the basis of Ms.                                                             
Buchholdt's conclusion in the form of a calculation sheet.                                                                      
                                                                                                                                
Number 444                                                                                                                      
                                                                                                                                
CHAIR JAMES called on Ms. Kinzie and referred to Scenarios A and B.                                                             
She asked whether the applicants at the rank of 90 and 100 have any                                                             
preferences.                                                                                                                    
                                                                                                                                
MS. KINZIE replied there are some typical applicants at the rank of                                                             
90 and 100 without special preferences.                                                                                         
                                                                                                                                
CHAIR JAMES asked Ms. Kinzie whether anybody in the reachable group                                                             
can be chosen, not necessarily the top five.                                                                                    
                                                                                                                                
MS. KINZIE replied right.                                                                                                       
                                                                                                                                
CHAIR JAMES asked Ms. Kinzie whether the chances of having a                                                                    
minority applicant is better in Scenario A at 13 reachable                                                                      
candidates or in Scenario B at 7 reachable candidates.                                                                          
                                                                                                                                
MS. KINZIE replied the chances of reaching an underutilized                                                                     
candidate is the exact same in both scenarios because they are                                                                  
always reachable.  In other words, they are guaranteed a                                                                        
consideration.                                                                                                                  
                                                                                                                                
CHAIR JAMES stated a minority or woman is pushed up into the                                                                    
reachable status.                                                                                                               
                                                                                                                                
MS. KINZIE responded yes.                                                                                                       
                                                                                                                                
CHAIR JAMES stated in light of that Ms. Buchholdt's concern is not                                                              
necessary.                                                                                                                      
                                                                                                                                
MS. KINZIE replied she could not say exactly.  She is aware of the                                                              
concern of appearances and hiring managers tend to do the bare                                                                  
minimum of what's required.  In other words, hiring managers tend                                                               
to take only the top five candidates.  It is probable, therefore,                                                               
a hiring manager would see a lower score and assume that candidate                                                              
is not as qualified.  The fact that that candidate is reachable                                                                 
sometimes does not play a part.  A hiring manager will consider                                                                 
that candidate because it is the law, but more than likely that                                                                 
hiring manager will assume a candidate with a lower score is not as                                                             
qualified.                                                                                                                      
                                                                                                                                
Number 478                                                                                                                      
                                                                                                                                
CHAIR JAMES stated it is possible, therefore, that any reachable                                                                
candidate in the scenarios could either be a minority or woman.                                                                 
                                                                                                                                
MS. KINZIE replied yes.                                                                                                         
                                                                                                                                
Number 483                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON asked Ms. Kinzie for comparable information                                                               
on the underutilized similar to what he requested earlier regarding                                                             
veterans.                                                                                                                       
                                                                                                                                
Number 495                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL JR asked Ms. Kinzie whether the state                                                                    
follows equal employment opportunity hiring.                                                                                    
                                                                                                                                
MS. KINZIE replied correct.                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL JR asked Ms. Kinzie whether that is also                                                                 
true for the national guard.                                                                                                    
                                                                                                                                
MS. KINZIE replied she is not sure.                                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL JR stated he thinks that the Alaska National                                                             
Guard has equal employment opportunities creating a level playing                                                               
field and encouraging minorities.  He sees the bill as an                                                                       
incentive.  He does not see it as discriminatory.                                                                               
                                                                                                                                
Number 512                                                                                                                      
                                                                                                                                
CAROL CARROLL, Director, Administrative Services Division,                                                                      
Department of Military and Veterans Affairs, noted acting                                                                       
Commissioner Phillip Oates, Brigadier General, testified                                                                        
enthusiastically in favor of the bill in the House Special                                                                      
Committee on Military and Veterans' Affairs meeting.  The                                                                       
department always likes to support recruitment and retention                                                                    
efforts of the national guard.  Currently, the state is having a                                                                
problem recruiting and retaining members, therefore, the bill would                                                             
be good to help with those goals.  However, it is not the                                                                       
commissioner's intent to have a detrimental effect on any other                                                                 
group of people.                                                                                                                
                                                                                                                                
Number 528                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA asked Ms. Carroll what percentage of the                                                                
Alaska National Guard is female.                                                                                                
                                                                                                                                
MS. CARROLL replied, according to the department's statistics, 27                                                               
percent are women and 34 percent are Alaska Natives.                                                                            
                                                                                                                                
REPRESENTATIVE KERTTULA asked Ms. Carroll whether she has any other                                                             
breakdowns.                                                                                                                     
                                                                                                                                
MS. CARROLL replied no.  She further noted the department is                                                                    
gathering information on how many guardsmen would be eligible for                                                               
these points.                                                                                                                   
                                                                                                                                
Number 543                                                                                                                      
                                                                                                                                
CHRIS NELSON, Staff to the Senate Majority, Alaska State                                                                        
Legislature, noted he is also currently serving as staff to the                                                                 
Joint Committee on Military Bases.  In reference to the issue of                                                                
verification, each active member of the national guard receives a                                                               
leave and earning statement indicating that members length of                                                                   
service.  Therefore, he doesn't believe the state would incur any                                                               
administrative burden.  It is simply a matter of asking a guardsman                                                             
to present that guardsman's pay slip.  In reference to the makeup                                                               
of the Alaska Army National Guard, 6 percent are African-Americans,                                                             
4 percent are Asian and Pacific Islanders, 5 percent are Hispanics,                                                             
31 percent are Native Americans and 54 are others.  Thirteen                                                                    
percent of the guard is female.  The numbers stand up well against                                                              
state agencies and the armed forces as a whole.  In reference to                                                                
the Alaska Air National Guard, 8 percent are African-Americans, 1                                                               
percent are Asian and Pacific Islanders, 3 percent are Hispanics,                                                               
2 percent are Alaska Natives and 86 percent are others.                                                                         
Twenty-three percent of the guard is female.  He noted every                                                                    
position in the Alaska Army National Guard is open to females                                                                   
including positions in the field, and he doesn't know of any other                                                              
organizations that have done a better job than the Alaska National                                                              
Guard in reaching out, including and opening opportunities for all.                                                             
A preference, therefore, is only a preference to a personnel pool                                                               
that is already ethnically and racially diverse.  He doesn't think                                                              
the bill would adversely affect women and minorities.                                                                           
                                                                                                                                
Number 597                                                                                                                      
                                                                                                                                
REPRESENTATIVE WHITAKER asked Mr. Nelson whether the total makeup                                                               
of minorities is 46 percent.                                                                                                    
                                                                                                                                
MR. NELSON replied, yes, for the Alaska Army National Guard.                                                                    
                                                                                                                                
Number 601                                                                                                                      
                                                                                                                                
REPRESENTATIVE WHITAKER referred to the 13 percent figure for                                                                   
females in the Alaska Army National Guard and asked Mr. Nelson what                                                             
percentage was previously counted as minorities.                                                                                
                                                                                                                                
MR. NELSON replied he doesn't have that breakdown.  He would get it                                                             
to him this afternoon.                                                                                                          
                                                                                                                                
REPRESENTATIVE WHITAKER asked Mr. Nelson whether it is fair to                                                                  
speculate that the number could be roughly one-half.                                                                            
                                                                                                                                
MR. NELSON replied upon speculation the numbers would reflect the                                                               
overall makeup of the Alaska Army National Guard because a decision                                                             
to join the guard is primarily driven by geographic location and                                                                
there are several units in bush Alaska.                                                                                         
                                                                                                                                
REPRESENTATIVE WHITAKER asked Mr. Nelson whether taking the total                                                               
for minorities and the total for women would put the figure at over                                                             
50 percent.                                                                                                                     
                                                                                                                                
MR. NELSON replied yes if the categories are constructed that way.                                                              
A percentage of each of the ethnic breakdowns is female.  There is                                                              
a strong case in looking at the overall picture of the Alaska Army                                                              
National Guard and arguing that over one-half could be counted in                                                               
one of the categories.                                                                                                          
                                                                                                                                
Number 624                                                                                                                      
                                                                                                                                
CHAIR JAMES noted a veteran will always get a preference under                                                                  
current law, but a member of the national guard will only get a                                                                 
preference if that member is active with eight years of service.                                                                
She wondered whether it would be better to just give a guard member                                                             
five preference points instead of three.  Representative Morgan has                                                             
indicated to her that the figure three was used because veterans                                                                
objected to having guard members at the same level.                                                                             
                                                                                                                                
MR. NELSON replied he has served as an enlisted soldier in the                                                                  
regular army, as an officer in the army and as a member of the                                                                  
reserve.  In reference to the issue of mobilization and its effect                                                              
on state agencies, a mobilization disrupts everything.  He has                                                                  
great respect for guard members because they serve the governor as                                                              
commander in chief and respond to federal and state emergencies                                                                 
including natural disasters.  It isn't realistic to think that a                                                                
worldwide emergency or natural disaster isn't going to disrupt                                                                  
anybody.  In addition, it is valuable to have a well-trained,                                                                   
organized and equipped personnel pool to deploy in various part of                                                              
the state.  It may cause disruption to an agency, but the very                                                                  
nature of an emergency disrupts everybody.                                                                                      
                                                                                                                                
Number 677                                                                                                                      
                                                                                                                                
CHAIR JAMES stated a guard member and a veteran are two different                                                               
folks, but there seems to be parity in making the preference points                                                             
the same.  She understands, however, that veterans might feel                                                                   
differently, particularly if they have spent time in harm's way.                                                                
                                                                                                                                
Number 690                                                                                                                      
                                                                                                                                
MR. NELSON replied there might be generational feelings on this                                                                 
issue because of the draft during the Vietnam Era.  It was                                                                      
criticized for its exemptions from service.  It ended up being                                                                  
highly discriminatory and eventually discontinued.  However, during                                                             
that era a person could enlist in a reserve unit that had a low                                                                 
percentage of being mobilized and therefore completing that                                                                     
person's military obligation.  Consequently, there has been                                                                     
resentment among veterans who did not serve in the guard, but                                                                   
served in active duty, as required by the draft, and spent time in                                                              
harm's way.  That feeling is going away, however.  In addition,                                                                 
there is a high percentage of national guard members that are                                                                   
veterans and have already passed the "189"-day window entitling                                                                 
that member to a five-point preference.  There is also a high                                                                   
percentage of national guard members that are not veterans and                                                                  
have...                                                                                                                         
                                                                                                                                
TAPE 99-7, SIDE B                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
MR. NELSON continued.  The preference system is not cumulative                                                                  
whereby a guard member would get either three or five points.  It                                                               
is a valuable preference and a new way to value a member's service                                                              
in the Alaska National Guard.  The bill does not disrupt the                                                                    
current preferences for veterans.  He thinks it will reach the                                                                  
people that it intends to reach; it will be a valuable recruiting                                                               
and retention tool; and it will deliver a racially and ethnically                                                               
diversified personnel pool to the state.                                                                                        
                                                                                                                                
Number 037                                                                                                                      
                                                                                                                                
BRUCE GAZAWAY, President, Alaska National Guard Enlisted                                                                        
Association, testified via teleconference from Anchorage.  He noted                                                             
he is also a citizen soldier.  He mentioned Sergeant Major Craig                                                                
Lisonbee and Senior Master Sergeant Lisa Scroggs are also available                                                             
as resources regarding the issue of recruiting and retention.  The                                                              
association believes that the preference points are not a reward                                                                
for past service, but to encourage further service of mid-level                                                                 
managers and trained technicians.  In other words, it is a modest                                                               
and low-cost incentive for master mechanics, shop foremen,                                                                      
electricians, load masters, pilots, squad leaders, platoon leaders                                                              
and the other worker bees.  The association would not object to                                                                 
including retired guard members or a five-point preference which                                                                
has been discussed.  Three points were chosen to prevent conflicts                                                              
with veteran organizations and to keep the focus on providing an                                                                
incentive to stay with the guard.  He explained the entire U.S.                                                                 
military is facing a retention crisis, not just the national                                                                    
guards, and the most skilled service members are being lured away                                                               
into a civilian market.  The Alaska National Guard suffers about a                                                              
10 percent to 20 percent dropout rate, the reason for generating                                                                
this type of legislation.  In addition, the Alaska National Guard                                                               
is one of the most racially integrated and ethnically represented                                                               
institutions in the state.  Alaska Natives comprise over 34 percent                                                             
of its membership and over one-half are members of one minority                                                                 
category.  It is these individuals that will benefit most from this                                                             
type of policy because what drives many minorities and low-income                                                               
youths to join the military is the desire to learn job skills.  The                                                             
guard can provide the training, but it can't provide many with                                                                  
full-time employment resulting in a high dropout rate.  This bill,                                                              
therefore, can abridge that problem and encourage those individuals                                                             
in their quest for a stable job and a guard career.  In addition,                                                               
he noted this measure will set Alaska apart from the rest of the                                                                
states.                                                                                                                         
                                                                                                                                
Number 162                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA asked Mr. Gazaway what the figures are for                                                              
dropouts.                                                                                                                       
                                                                                                                                
MR. GAZAWAY replied he doesn't have those figures and deferred the                                                              
question to Sergeant Major Lisonbee.                                                                                            
                                                                                                                                
Number 172                                                                                                                      
                                                                                                                                
CRAIG LISONBEE, Sergeant Major, Alaska Army National Guard,                                                                     
testified via teleconference from Anchorage.  He stated on a yearly                                                             
basis the guard goes from an 18 percent to 22 percent attrition                                                                 
rate.  It depends on the year, however, and what happens within                                                                 
that year.                                                                                                                      
                                                                                                                                
Number 178                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON asked whether a great portion of dropouts is                                                              
due to the fact that they don't have jobs.                                                                                      
                                                                                                                                
MR. GAZAWAY replied there is the concept referred to as "job                                                                    
instability" which indicates the period of time when a guard member                                                             
can't find stable work and often migrates out of the state.  That                                                               
guard member often drops out of the guard.                                                                                      
                                                                                                                                
Number 202                                                                                                                      
                                                                                                                                
BRUCE J. GABRYS, President, Alaska National Guard Officer's                                                                     
Association, testified via teleconference from Homer.  He noted he                                                              
is retired with over 15 years of leadership experience with the                                                                 
Alaska National Guard.  The three-point preference recognizes the                                                               
service that the guard provides to the people of Alaska and the                                                                 
nation.  National guard members are called upon on an increasing                                                                
frequency to assist in times of state emergencies and federal                                                                   
service.  This bill would provide an additional incentive for the                                                               
retention of mid-career servicemen and women who have received a                                                                
great deal of training and who are critical to the success of the                                                               
national guard.  In reference to dual membership as a member of the                                                             
guard and employee of the state, there is a synergistic effect                                                                  
because in a time of state emergency there is a cross-pollination                                                               
of skills that facilitates interdepartmental coordination.  He                                                                  
finds the reference to co-membership as negative and discriminatory                                                             
towards military members.  The state should be rewarding those who                                                              
service that state and country.  In reference to the three-point                                                                
preference, the bill is not intended to create an additional                                                                    
category of employment.  He agrees with Representative James'                                                                   
suggestion of making it a five-point preference and believes that                                                               
veteran organizations would support that change as well.  In                                                                    
reference to the Vietnam Era, the membership of the guard is                                                                    
different now and the hard feelings have long passed.  In reference                                                             
to the handout titled, "Workplace Alaska Ranking System", he is                                                                 
concerned because it uses a veteran density of 12 percent, assumes                                                              
all the applicants are of the same veteran preference, and assumes                                                              
50 percent are disabled veterans.  The bill is not intended to                                                                  
eliminate people from the top five tiers and restrict the selection                                                             
of choices.  It is intended to give an opportunity to select guard                                                              
members to be interviewed or at least to be considered.  A                                                                      
selection, however, should be based on merit.                                                                                   
                                                                                                                                
Number 306                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON referred to page 2, lines 18-21, "If all job                                                              
qualifications are equal, a member of the national guard shall be                                                               
given preference over a person who was not a veteran, prisoner of                                                               
war, or members of the national guard, and the member of the                                                                    
national guard shall be kept on the job.", and noted it is a                                                                    
provision that runs into traditional and current labor negotiated                                                               
bumping rights.  He wondered whether it is also a leg up on                                                                     
seniority status.  He would not be comfortable offsetting those                                                                 
tradition privileges.                                                                                                           
                                                                                                                                
Number 338                                                                                                                      
                                                                                                                                
CHAIR JAMES wondered whether being in a job longer is a "job                                                                    
qualification".                                                                                                                 
                                                                                                                                
REPRESENTATIVE HUDSON stated he is not sure.                                                                                    
                                                                                                                                
Number 345                                                                                                                      
                                                                                                                                
CHAIR JAMES stated it needs to be made clear.  A person on the job                                                              
for a few months compared to a person on the job for years do not                                                               
have the same job qualifications.                                                                                               
                                                                                                                                
Number 355                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL JR referred to page 2, lines 21-22, "This                                                                
subsection may not be interpreted to amend the terms of a                                                                       
collective bargaining agreement.".  He noted some guard members                                                                 
have bargained into a collective agreement and the bill will not                                                                
change that.                                                                                                                    
                                                                                                                                
CHAIR JAMES stated she believes the bill will not change that                                                                   
either.                                                                                                                         
                                                                                                                                
CHAIR JAMES announced the presence of Representative Morgan, prime                                                              
sponsor of the bill.                                                                                                            
                                                                                                                                
Number 369                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON asked Representative Morgan to explain his                                                                
concern regarding the appearance of upsetting somebody on the basis                                                             
of a national guard qualification in relation to seniority.  He                                                                 
supports the intent and purpose of the bill, but doesn't want to                                                                
see it upset long-standing and traditional contractual                                                                          
relationships.                                                                                                                  
                                                                                                                                
Number 383                                                                                                                      
                                                                                                                                
CHAIR JAMES asked Representative Morgan whether including the term                                                              
"seniority" would remain consistent with the intent of the bill.                                                                
                                                                                                                                
REPRESENTATIVE CARL MORGAN, Alaska State Legislature, replied it is                                                             
fine with him.                                                                                                                  
                                                                                                                                
Number 407                                                                                                                      
                                                                                                                                
MS. CARROLL noted language already exists in statute and that                                                                   
language works.  She also stated qualifications include seniority.                                                              
                                                                                                                                
Number 414                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA asked Ms. Carroll whether there is a                                                                    
conflict in Section 1 referring to veterans and Section 2 referring                                                             
to members of the national guard in relation to all qualifications                                                              
being equal.                                                                                                                    
                                                                                                                                
MS. CARROLL replied the bill sets a situation for a veteran to                                                                  
stay, and if there isn't a veteran, a member of the guard would                                                                 
stay with all things being equal.  She doesn't believe there is a                                                               
conflict.                                                                                                                       
                                                                                                                                
Number 423                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA asked Ms. Carroll whether she is saying,                                                                
all qualifications being equal, the veteran preference will make it                                                             
so that veterans will not be quite equal.                                                                                       
                                                                                                                                
MS. CARROLL replied, with all things remaining equal, a veteran                                                                 
gets the preference.  And, if there isn't a veteran then a member                                                               
of the guard would get that preference, and if there are neither                                                                
that preference wouldn't come into play.                                                                                        
                                                                                                                                
REPRESENTATIVE KERTTULA noted that is not how the bill is written.                                                              
It needs to be clarified.                                                                                                       
                                                                                                                                
Number 439                                                                                                                      
                                                                                                                                
CHAIR JAMES asked Ms. Carroll whether the language mentioned                                                                    
earlier in existing law regards veterans.                                                                                       
                                                                                                                                
MS. CARROLL referred to the language on page 2, lines 3-6; and page                                                             
2, lines 18-21, and noted a guard will be given preference over a                                                               
person who is not a veteran, prisoner of war, or member of the                                                                  
national guard...                                                                                                               
                                                                                                                                
CHAIR JAMES interjected and noted it is existing language.  She                                                                 
also noted the only change is to include members of the national                                                                
guard.  It is, therefore, not necessary to include language                                                                     
referring to seniority.                                                                                                         
                                                                                                                                
Number 456                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL JR referred to page 2, lines 21-22, "This                                                                
subsection may not be interpreted to amend the terms of a                                                                       
collective bargaining agreement."  He feels that seniority is                                                                   
adequately protected and there isn't an inequity.                                                                               
                                                                                                                                
CHAIR JAMES agreed with him.                                                                                                    
                                                                                                                                
Number 465                                                                                                                      
                                                                                                                                
REPRESENTATIVE SMALLEY stated he would like to see seniority                                                                    
included rather than implied.  It is much cleaner.                                                                              
                                                                                                                                
CHAIR JAMES wondered whether it would also have to be included in                                                               
existing law.                                                                                                                   
                                                                                                                                
Number 472                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON noted the first instance is referring to                                                                  
filling a new position and the second instance is referring to the                                                              
elimination of a position within a classified service.  He is                                                                   
concerned about keeping language that is in accordance with the                                                                 
collective bargaining agreements in relation to downsizing.                                                                     
Seniority is a major provision that collective bargaining                                                                       
agreements address.  He suggested hearing from a representative of                                                              
a union.                                                                                                                        
                                                                                                                                
CHAIR JAMES explained the language in existing law is exactly the                                                               
same as the language in the new subsection.  She doesn't know why                                                               
language referring to seniority would be needed in the new                                                                      
subsection when it is not needed in the existing language.                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON stated maybe it is needed in both places.                                                                 
                                                                                                                                
Number 499                                                                                                                      
                                                                                                                                
MR. GAZAWAY stated the goal of the association is not to perpetuate                                                             
rights or privileges after employment has been obtained.  The                                                                   
association is simply trying to have its membership get to an                                                                   
interview and prove that member's capability.  The association                                                                  
would not object to striking that language.                                                                                     
                                                                                                                                
Number 515                                                                                                                      
                                                                                                                                
CHAIR JAMES stated keeping that member employed is just as                                                                      
important as getting that member employed.  They are the same                                                                   
priorities.                                                                                                                     
                                                                                                                                
Number 522                                                                                                                      
                                                                                                                                
FATE PUTMAN, Representative, Alaska State Employees                                                                             
Association/Local 52 AFSCME AFL-CIO, explained the issue is a                                                                   
policy decision.  He suspects the members would be part of a                                                                    
collective bargaining unit.  He reiterated it is a policy decision                                                              
on whether or not to expand a seniority right to a large class of                                                               
people.                                                                                                                         
                                                                                                                                
Number 531                                                                                                                      
                                                                                                                                
CHAIR JAMES asked Mr. Putman whether he is concerned about it                                                                   
interfering with a collective bargaining agreement.                                                                             
                                                                                                                                
MR. PUTMAN replied it would interfere in the area of seniority.                                                                 
Giving absolute preference to a member of the guard would allow                                                                 
that member to bump somebody who is not a member of the guard.                                                                  
                                                                                                                                
CHAIR JAMES noted that is just what veterans do.                                                                                
                                                                                                                                
MR. PUTMAN replied exactly.                                                                                                     
                                                                                                                                
CHAIR JAMES asked Mr. Putman whether seniority is included in the                                                               
language, "if all job qualifications are equal".                                                                                
                                                                                                                                
MR. PUTMAN replied he is confused about that, but doesn't think it                                                              
includes seniority.                                                                                                             
                                                                                                                                
CHAIR JAMES noted that collective bargaining agreements refer to                                                                
seniority.                                                                                                                      
                                                                                                                                
MR. PUTMAN responded yes.                                                                                                       
                                                                                                                                
CHAIR JAMES stated, according to her understanding, two people with                                                             
the same job qualifications includes seniority because it is part                                                               
of the collective bargaining agreement.                                                                                         
                                                                                                                                
MR. PUTMAN replied if that is her understanding he agrees.                                                                      
                                                                                                                                
CHAIR JAMES asked Mr. Putman wouldn't it be just as important for                                                               
a member of the guard to keep a job as it is to give a preference                                                               
to get a job as long as everything else is equal.                                                                               
                                                                                                                                
MR. PUTMAN replied yes.                                                                                                         
                                                                                                                                
Number 554                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON stated he believes a job qualification does                                                               
not include seniority, but now believes that language shouldn't be                                                              
included in the bill because he doesn't want to modify "job                                                                     
qualifications" in general.  Seniority is a position that is                                                                    
negotiated in collective bargaining agreements.                                                                                 
                                                                                                                                
Number 564                                                                                                                      
                                                                                                                                
CHAIR JAMES stated a person's qualifications have risen after being                                                             
in a job for a number of years.  She said, "Don't tell me that a                                                                
person who has not been on the job longer isn't more qualified than                                                             
somebody who's just been hired."                                                                                                
                                                                                                                                
Number 582                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON replied it isn't always equal from year to                                                                
year.  There are other provisions as well.  Chair James is talking                                                              
about an employee who has received computer training, for example,                                                              
as a qualification that is taken into consideration when hiring.                                                                
The unions take seniority into consideration in the event of a                                                                  
layoff.  But a veteran would have an equal opportunity at a minimum                                                             
to maintain that veteran's job.                                                                                                 
                                                                                                                                
Number 588                                                                                                                      
                                                                                                                                
REPRESENTATIVE OGAN stated an employee cannot be fired unless that                                                              
employee is grossly incompetent in this state.                                                                                  
                                                                                                                                
CHAIR JAMES stated, "I would."                                                                                                  
                                                                                                                                
CHAIR JAMES explained to Representative Morgan before he arrived                                                                
there was discussion about three versus five preference points.                                                                 
Mr. Lisonbee indicated there wouldn't be a conflict with the                                                                    
veteran organizations and the guard, but he would check it out.                                                                 
She referred to the scenarios provided by Ms. Kinzie and noted that                                                             
more people are included in the five-point scenario giving                                                                      
minorities and women a better chance.  She doesn't have a problem                                                               
with changing it to five points.  She wondered how Representative                                                               
Morgan feels about it, and asked him whether he wants to move the                                                               
bill out of committee today or wait until Mr. Lisonbee gets back to                                                             
the committee on that issue.                                                                                                    
                                                                                                                                
Number 616                                                                                                                      
                                                                                                                                
REPRESENTATIVE MORGAN replied he feels more comfortable waiting.                                                                
                                                                                                                                
CHAIR JAMES announced the bill will be held over for further                                                                    
consideration.                                                                                                                  
                                                                                                                                
HB 45 - INITIATIVE/REFERENDUM PETITIONS                                                                                         
HJR 7 - CONST AM: INITIATIVE/REFERENDUM PETITIONS                                                                               
                                                                                                                                
Number 622                                                                                                                      
                                                                                                                                
CHAIR JAMES announced the next order of business in HB 45, "An Act                                                              
relating to initiative and referendum petitions; and providing for                                                              
an effective date."; and HJR 7, Proposing an amendment to the                                                                   
Constitution of the State of Alaska relating to initiative and                                                                  
referendum petitions.                                                                                                           
                                                                                                                                
CHAIR JAMES explained that these two bill have been in a                                                                        
subcommittee.                                                                                                                   
                                                                                                                                
Number 625                                                                                                                      
                                                                                                                                
CHAIR JAMES called for a brief at-ease then called the meeting back                                                             
to order.                                                                                                                       
                                                                                                                                
CHAIR JAMES announced there is a committee substitute for HB 45,                                                                
CSHB 45(STA), 1-LS0254\D, Kurtz, 2/22/99.  There is also a                                                                      
committee substitute for HJR 7, CSHJR 7(STA), 1-LS0252\D, Kurtz,                                                                
2/22/99.  She noted the change for both committee substitutes is 10                                                             
percent.  She called for a motion to adopt the committee                                                                        
substitutes for consideration.                                                                                                  
                                                                                                                                
Number 637                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON made a motion to adopt CSHB 45(STA),                                                                      
1-LS0254\D, Kurtz, 2/22/99, and CSHJR 7(STA), 1-LS0252\D, Kurtz,                                                                
2/22/99, for discussion purposes.  There being no objection, they                                                               
were so moved.                                                                                                                  
                                                                                                                                
Number 645                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON explained, as a member of the subcommittee,                                                               
a number of different percentage points were looked at.  The                                                                    
subcommittee concluded that the three-fourths number, as proposed                                                               
by the prime sponsor, would expand the democratic process into                                                                  
rural Alaska so it was left in the bill.  The subcommittee also                                                                 
discussed a number of different percentages of those in the various                                                             
house districts and came up with 10 percent.  The original 15                                                                   
percent was a bit heavy, especially for the sparsely settled                                                                    
districts, creating an extra burden.  He also noted 10 percent was                                                              
used in the early language by the Founding Fathers of the state                                                                 
constitution.                                                                                                                   
                                                                                                                                
Number 667                                                                                                                      
                                                                                                                                
REPRESENTATIVE OGAN announced he has an amendment.                                                                              
                                                                                                                                
CHAIR JAMES called for a brief at-ease then called the meeting back                                                             
to order.                                                                                                                       
                                                                                                                                
Number 667                                                                                                                      
                                                                                                                                
REPRESENTATIVE OGAN made a motion to adopt Amendment 1.  It reads                                                               
as follows:                                                                                                                     
                                                                                                                                
     TO:  CSHB 45(STA)                                                                                                          
                                                                                                                                
          Line 12 (2.) [AND] resident in [AT LEAST                                                                              
          THREE-FOURTHS] all of the house districts of                                                                          
          the state:  and                                                                                                       
                                                                                                                                
REPRESENTATIVE HUDSON objected for discussion purposes.                                                                         
                                                                                                                                
Number 673                                                                                                                      
                                                                                                                                
REPRESENTATIVE OGAN explained Amendment 1 adds the language "all"                                                               
instead of "three-fourths" to the bill.  The committee substitute                                                               
eliminates the possibility of the average citizen to amend statutes                                                             
by referendum due to the cost of getting to each of the house                                                                   
districts, but three-fourths is not a high enough bar for the                                                                   
special interest groups from the Lower Forty-Eight, such as the                                                                 
sierra clubs and animal rights activists that have been involved in                                                             
initiative processes in Alaska.  He reiterated, as the bill is                                                                  
written, it is obtainable for a well-funded organization to get                                                                 
those signatures.  That organization can go to the house election                                                               
districts in the major urban centers and pick up a few in the bush.                                                             
The amendment makes it fair for everybody.  He said, "If we're                                                                  
gonna make it tough on the grassroots folks, I think we ought to                                                                
make it tough on the well-financed special interest groups as                                                                   
well."                                                                                                                          
                                                                                                                                
Number 697                                                                                                                      
                                                                                                                                
REPRESENTATIVE WHITAKER stated it seems the amendment makes it                                                                  
impossible for any group to rise from the grassroots and utilize                                                                
the petition process.  It was his impression that the bill intends                                                              
to raise the bar somewhat while still making it possible to utilize                                                             
this important constitutional process.  He is concerned about the                                                               
amendment even though he agrees in part to it, but feels it is                                                                  
shutting the process down altogether.                                                                                           
                                                                                                                                
Number 707                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON stated, although he understands where                                                                     
Representative Ogan is coming from in regards to the well-funded                                                                
outside groups, he believes the committee substitute expands the                                                                
level reasonably from two-thirds to three-fourths.  An organization                                                             
would have to go to 30 out of 40 districts in order to get 10                                                                   
percent of all the people who casted a vote in the preceding                                                                    
general election.  He cannot support the amendment because it may                                                               
shut down the initiative process.  He said, "I think we're going to                                                             
have a tough enough job selling making it tougher rather than to                                                                
essentially make it almost impossible."                                                                                         
                                                                                                                                
Number 718                                                                                                                      
                                                                                                                                
REPRESENTATIVE SMALLEY stated he agrees with the comments made by                                                               
Representative Whitaker and Hudson...                                                                                           
                                                                                                                                
TAPE 99-8, SIDE A                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
REPRESENTATIVE SMALLEY continued.  Even though he was part of the                                                               
subcommittee, he now questions whether 10 percent of the                                                                        
three-fourths is reasonable.  This is just to get the measure to                                                                
the ballot box.  He doesn't support the amendment, and announced he                                                             
is having second thoughts about the committee substitute.                                                                       
                                                                                                                                
Number 014                                                                                                                      
                                                                                                                                
CHAIR JAMES referred to the numbers provided by the sponsor of the                                                              
various possibilities.  She asked the committee members to look at                                                              
the numbers at 15 percent for each of the house districts and                                                                   
visualize the numbers at 10 percent.  She calculated a few of the                                                               
house districts then stated 10 percent might be too high.                                                                       
                                                                                                                                
Number 072                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA stated, after agonizing about this with                                                                 
Representative Smalley for the past week, she came to the                                                                       
conclusion that the numbers turnaround at the end and actually                                                                  
start to hurt the bush and rural communities.                                                                                   
                                                                                                                                
                                                                                                                                
CHAIR JAMES referred to the numbers provided by the prime sponsor                                                               
and calculated a few house district at 5 percent.  She stated                                                                   
presumably those who support initiatives do so because they haven't                                                             
been able to get the legislature to pass such a bill meaning it                                                                 
either isn't a good idea or it is from the minority.  Furthermore,                                                              
it is easy to get signatures because people don't like to say no.                                                               
Those getting signatures even sit in a supermarket and ask for                                                                  
them.  She wondered whether the intent of the law is recognized in                                                              
those cases because a lot of the people don't understand the                                                                    
initiative.  Many people sign purely because they believe it should                                                             
go to a vote.  And, when something is on the ballot Anchorage alone                                                             
can pass it disenfranchising the rest of the state at which point                                                               
the representative part of government has failed.  A balance is                                                                 
needed.  She noted a figure of 5 percent of those who voted in the                                                              
preceding general election doesn't sound unreasonable, but one                                                                  
person in two-thirds of the house districts is not enough.                                                                      
Three-fourths calls for 4 of the 15 bush districts, otherwise the                                                               
urban districts are only needed.  Most of the rural districts have                                                              
a larger community such as Nome, Barrow or Kotzebue, and wondered                                                               
how many signatures are possible as a percentage in those cities.                                                               
                                                                                                                                
Number 151                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL JR stated, referring to the intent of the                                                                
Founding Fathers of the state constitution, the 10 percent and 8                                                                
percent numbers were intended to get a minority view on the ballot.                                                             
Today, the ability to travel and communicate is very high and                                                                   
keeping the numbers high enough to require work is just as                                                                      
important as making it too easy.  He is not saying that the                                                                     
minority shouldn't have a view; he is saying that requiring                                                                     
three-fourths of the house districts is going to take work                                                                      
regardless of whether the number calls for 5 percent or 10 percent.                                                             
The most important thing is to get more districts involved and 10                                                               
percent is not unreasonable.  It will generate a discussion                                                                     
nonetheless.                                                                                                                    
                                                                                                                                
Number 202                                                                                                                      
                                                                                                                                
CHAIR JAMES explained it is 10 percent of those who voted in the                                                                
preceding general election and noted that the turnout has been low.                                                             
It is not 10 percent of the registered voters.                                                                                  
                                                                                                                                
Number 207                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL JR stated this process would encourage more                                                              
people to vote by placing responsibility back onto the voter.  It                                                               
puts on-notice that this is an involved society.  He reiterated 10                                                              
percent is not off-base.                                                                                                        
                                                                                                                                
Number 217                                                                                                                      
                                                                                                                                
REPRESENTATIVE OGAN stated the discussion has strayed quite a bit                                                               
from the amendment.  The purpose of Amendment 1 is to stand up for                                                              
the grassroots people.  Changing the ability of the average citizen                                                             
to amend a statute is a serious policy call.  The way the committee                                                             
substitute is written has seriously affected the ability of someone                                                             
without money or resources to get signatures, but it hasn't                                                                     
effected those with money.  He said, "I think if we're gonna limit                                                              
people's ability to amend statute by referendum, we should limit it                                                             
for all and not just the little guy."  He explained he didn't                                                                   
expect the amendment to pass, but wanted the discussion on the                                                                  
record.                                                                                                                         
                                                                                                                                
Number 250                                                                                                                      
                                                                                                                                
CHAIR JAMES called for a roll call vote.  Representative Ogan voted                                                             
in favor of the motion.  Representatives Coghill, Hudson, Smalley,                                                              
Whitaker, Kerttula and James voted against the motion.  The motion                                                              
failed to pass.                                                                                                                 
                                                                                                                                
Number 254                                                                                                                      
                                                                                                                                
REPRESENTATIVE SMALLEY made a motion to adopt Amendment 2.  It                                                                  
reads as follows:                                                                                                               
                                                                                                                                
     TO:  CSHB 45(STA)                                                                                                          
                                                                                                                                
          Page 2, line 1 change "10 percent" to "5                                                                              
          percent"                                                                                                              
                                                                                                                                
     TO:  CSHJR 7(STA)                                                                                                          
                                                                                                                                
          Page 1, line 10 change "ten per cent" to "five                                                                        
          per cent"                                                                                                             
                                                                                                                                
Number 264                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON objected for discussion purposes.                                                                         
                                                                                                                                
REPRESENTATIVE SMALLEY explained a bar of 10 percent will have the                                                              
exact opposite effect and eliminate some of the rural vote.  He                                                                 
thinks 5 percent is more reasonable.  According to the statistical                                                              
data, even 5 percent will be tough in some districts.  He is not                                                                
sure the bill should create a bar that will make the process more                                                               
difficult.  He would love to see 100 percent of the voters voting,                                                              
but the turnouts have been pitiful.  He reiterated 5 percent is                                                                 
more reasonable.                                                                                                                
                                                                                                                                
Number 289                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON stated it is the eye of the beholder.  The                                                                
bill calls for 5 percent of those who voted in the preceding                                                                    
general election with a 30 percent to 40 percent voting turnout.                                                                
He stated 40 percent is a high figure these days so it is not                                                                   
really 1 out of 10, but 1 out of 30 in a given region.  In this                                                                 
case it is 1 out of 60 in a 30 percent turnout.  He likes 10                                                                    
percent and recognizes it will be the voters who make the final                                                                 
decision on whether or not to change the constitution.  He agrees                                                               
that one is too few and more than one is really in the eye of the                                                               
beholder.                                                                                                                       
                                                                                                                                
Number 314                                                                                                                      
                                                                                                                                
REPRESENTATIVE OGAN stated he would vote for Amendment 2 if it                                                                  
included "all" districts in the state.  If it passes, he announced                                                              
he would move an amendment to amend it.                                                                                         
                                                                                                                                
REPRESENTATIVE HUDSON called for the question.                                                                                  
                                                                                                                                
REPRESENTATIVE JAMES called for a roll call vote.  Representative                                                               
Hudson, Ogan, Coghill, Whitaker and James voted against the motion.                                                             
Representatives Smalley and Kerttula voted in favor of the motion.                                                              
The motion failed to pass.                                                                                                      
                                                                                                                                
CHAIR JAMES announced the bill will be held over in committee for                                                               
further consideration.                                                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 332                                                                                                                      
                                                                                                                                
CHAIR JAMES adjourned the House State Affairs Standing Committee                                                                
meeting at 9:59 a.m.                                                                                                            

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