Legislature(1999 - 2000)
02/08/2000 08:11 AM House STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 8, 2000
8:11 a.m.
MEMBERS PRESENT
Representative Jeannette James, Chair
Representative Jim Whitaker
Representative Bill Hudson
Representative Beth Kerttula
Representative Hal Smalley
Representative Scott Ogan
MEMBERS ABSENT
Representative Joe Green
OTHER HOUSE MEMBERS PRESENT
Representative Con Bunde
COMMITTEE CALENDAR
HOUSE BILL NO. 236
"An Act relating to credited service in the teachers' retirement
system for part-time employment."
- MOVED HB 236 OUT OF COMMITTEE
HOUSE BILL NO. 291
"An Act relating to the use of electronic format for certain
state agency notices."
- MOVED CSHB 291(STA) OUT OF COMMITTEE
HOUSE BILL NO. 163
"An Act relating to qualifications of voters; relating to the
registration of voters; relating to election districts and
officials; relating to election procedures and ballots; relating
to special procedures for elections; relating to nomination of
candidates; relating to national elections; relating to special
elections and appointments; relating to constitutional
amendments; relating to election offenses and corrupt practices;
relating to election pamphlets; relating to the deferral of jury
service for certain election officials; relating to an exemption
from the State Procurement Code regarding election ballots;
relating to the provision and use of mailing addresses on
permanent fund dividend applications for election purposes;
relating to the inclusion of voter registration forms with
permanent fund dividend applications; making conforming
amendments in references to 'election district' and 'chairman';
and providing for an effective date."
- MOVED CSHB 163(STA) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HB 236
SHORT TITLE: CREDITED PART-TIME SERVICE TRS
Jrn-Date Jrn-Page Action
5/14/99 1409 (H) READ THE FIRST TIME - REFERRAL(S)
5/14/99 1409 (H) STA, HES, FIN
1/21/00 1976 (H) COSPONSOR(S): KERTTULA
2/08/00 (H) STA AT 8:00 AM CAPITOL 102
BILL: HB 291
SHORT TITLE: ADMINISTRATIVE PROCEDURE NOTICES
Jrn-Date Jrn-Page Action
1/18/00 1937 (H) READ THE FIRST TIME - REFERRALS
1/18/00 1937 (H) STA, FIN
1/18/00 1937 (H) REFERRED TO STATE AFFAIRS
2/08/00 (H) STA AT 8:00 AM CAPITOL 102
BILL: HB 163
SHORT TITLE: DIVISION OF ELECTIONS
Jrn-Date Jrn-Page Action
3/26/99 583 (H) READ THE FIRST TIME - REFERRAL(S)
3/26/99 584 (H) STA, JUD, FIN
2/08/00 (H) STA AT 8:00 AM CAPITOL 102
WITNESS REGISTER
PATRICIA SWENSON, Legislative Assistant to
Representative Bunde
Alaska State Legislature
Capitol Building, Room 501
Juneau, Alaska 99801
POSITION STATEMENT: Presented sponsor statement for HB 236.
GUY BELL, Director
Division of Retirement & Benefits
Department of Administration
PO Box 110203
Juneau, Alaska 99811-0203
POSITION STATEMENT: Answered questions regarding HB 236.
JOHN CYR, President
NEA-Alaska
114 Second Street
Juneau, Alaska 99801
POSITION STATEMENT: Testified in favor of HB 236.
RICHARD SCHMITZ, Legislative Secretary
to Representative James
Alaska State Legislature
Capitol Building, Room 102
Juneau, Alaska 99801
POSITION STATEMENT: Presented sponsor statement for HB 163.
GAIL FENUMIAI, Election Program Specialist
Division of Elections
Office of the Lieutenant Governor
PO Box 110015
Juneau, Alaska 99811-0015
POSITION STATEMENT: Provided division's position and answered
questions regarding HB 163.
ACTION NARRATIVE
TAPE 00-5, SIDE A
Number 0001
CHAIR JEANNETTE JAMES called the House State Affairs Standing
Committee meeting to order at 8:11 a.m. Members present at the
call to order were Representatives James, Whitaker, Kerttula,
Smalley and Ogan. Representative Hudson arrived as the meeting
was in progress.
HB 236-CREDITED PART-TIME SERVICE TRS
Number 0082
CHAIR JAMES announced the first order of business is HOUSE BILL
NO. 236, "An Act relating to credited service in the teachers'
retirement system for part-time employment."
Number 0098
PATRICIA SWENSON, Legislative Assistant to Representative Bunde,
Alaska State Legislature, read the following sponsor statement:
The purpose of HB 236 is to correct an inequity in the
teachers retirement system (TRS). Under the current
system teachers working more than 50 percent of the
time, but less than full time, receive only one-half
service credit for time worked. In other words,
teachers in this group contribute more retirement
dollars, but do not get a retirement benefit consistent
with their contribution.
House Bill 236 will correct the inequity in the TRS by
giving teachers, who work more than 50 percent of the
time, but less than full time, retirement service
credit based on time worked.
MS. SWENSON said 250 teachers are affected by HB 236.
Number 0214
REPRESENTATIVE SMALLEY said he understood that the retirement
benefit had already been paid by the part-time teachers.
MS. SWENSON affirmed that, adding that the fiscal note is zero.
Number 0269
CHAIR JAMES voiced her understanding that part-time teachers have
already contributed to the TRS fund. She explained that HB 236
is a fairness issue that will allow part-time teachers to be
credited with the amount they have paid to TRS.
Number 0385
GUY BELL, Director, Division of Retirement & Benefits, Department
of Administration, said he agrees with Representative Bunde that
HB 236 is an equity issue. House Bill 236 gives equivalent
credit to part-time teachers for the time they teach each year.
Each teacher is paying at his/her own rate into the TRS. The
fiscal note shows a .01 percent increase in employer rates,
recognizing that there is a negligible cost to HB 236. He noted
that TRS has a 12 percent employer rate, which can easily absorb
the minimal increase caused by HB 236. He further stated that HB
236 will not have an impact on future employer rates for TRS.
Number 0548
JOHN CYR, President, NEA-Alaska [Affiliated with the National
Education Association], testified in favor of HB 236. He said HB
236 is a matter of equity and will allow about 250 teachers to
receive what they already had paid into TRS.
Number 0624
REPRESENTATIVE HUDSON made a motion to move HB 236 out of
committee with individual recommendations and the attached zero
fiscal note. There being no objection, HB 236 moved from the
House State Affairs Standing Committee.
HB 291-ADMINISTRATIVE PROCEDURE NOTICES
Number 0733
CHAIR JAMES announced the second order of business is HOUSE BILL
NO. 291, "An Act relating to the use of electronic format for
certain state agency notices."
Number 0755
REPRESENTATIVE HUDSON made a motion to adopt the proposed CS for
HB 291, version 1-LS1244\H, Bannister, 2/7/00, as a work draft.
There being no objection, proposed CSHB 291, Version H, was
before the committee.
Number 0769
REPRESENTATIVE KERTTULA explained that HB 291 was a very modest
effort to move the legislature toward the electronic age. She
acknowledged that there is a constant stream of regulatory action
that flows into committee offices. Therefore, in an effort to
trim legislative costs, she had proposed that the legislature try
to use electronic format to receive regulatory paperwork.
REPRESENTATIVE KERTTULA directed attention to page 1, line 14,
where it read "furnished." She explained that the use of this
word is to make the proposed CS technically sound, thereby making
it legal to deliver [electronic] notices to legislative offices
instead of using the current mandatory mailing procedure. The
proposed CS would consistently change the word "mailed" to
"furnished" so that agencies could provide an electronic copy of
regulatory notices to legislators.
REPRESENTATIVE KERTTULA indicated a second change in the proposed
CS is on page 2, lines 11-16, number 6. She acknowledged that
some small agencies or boards might not have the technological
capability to send e-mails. In that case, the proposed CS allows
that agency to provide regulatory notices to legislators by other
means. However, if an agency does have technological capability
to send e-mails, then e-mail notice is required. She said that a
legislator can request regulatory notices be mailed if that is
the preferred method of notice for a particular legislator.
Number 0989
REPRESENTATIVE OGAN commented that he had noticed that "cost
saving measures" always seemed to be accompanied with a zero
fiscal note rather than a negative fiscal note. He wondered why
the committee does not start showing some real cost savings in
the fiscal notes.
Number 1023
REPRESENTATIVE KERTTULA said the proposed amendment to the
proposed CS might actually show a real cost saving.
REPRESENTATIVE OGAN commented that maybe there is no negative
fiscal note because the agency does not want their budget cut.
REPRESENTATIVE KERTTULA said she did not know if that was the
reason.
Number 1078
CHAIR JAMES announced that there was an amendment for the
proposed CS before the committee. Amendment 1, 1-LS1244\H.1,
Bannister, 2/7/00, read:
Page 1, line 3:
Delete "AS 44.62.190(a) is amended to read:"
Insert "AS 44.62.190 is amended to read:
Sec. 44.62.190. Notice of proposed action."
Page 2, lines 16 - 25:
Delete ";
(7) furnished to the standing committee of each
house of the legislature having legislative jurisdiction
over the subject matter treated by the regulation under the
Uniform Rules of the Alaska State Legislature, together with
a copy of the proposed regulation, amendment, or order of
repeal for the committee's use in conducting the review
authorized by AS 24.05.182;
(8) furnished to the staff of the Administrative
Regulation Review Committee, together with a copy of the
proposed regulation, amendment, or order of repeal and, if
preparation of an appropriation increase estimate is
required by AS 44.62.195, a copy of the estimate"
Insert
"[(7) FURNISHED TO THE STANDING COMMITTEE OF EACH
HOUSE OF THE LEGISLATURE HAVING LEGISLATIVE JURISDICTION
OVER THE SUBJECT MATTER TREATED BY THE REGULATION UNDER THE
UNIFORM RULES OF THE ALASKA STATE LEGISLATURE, TOGETHER WITH
A COPY OF THE PROPOSED REGULATION, AMENDMENT, OR ORDER OF
REPEAL FOR THE COMMITTEE'S USE IN CONDUCTING THE REVIEW
AUTHORIZED BY AS 24.05.182;
(8) FURNISHED TO THE STAFF OF THE ADMINISTRATIVE
REGULATION REVIEW COMMITTEE, TOGETHER WITH A COPY OF THE
PROPOSED REGULATION, AMENDMENT, OR ORDER OF REPEAL AND, IF
PREPARATION OF AN APPROPRIATION INCREASE ESTIMATE IS
REQUIRED BY AS 44.62.195, A COPY OF THE ESTIMATE]"
Page 2, line 26:
Delete all material.
Page 3, line 1:
Delete all material.
Page 3, following line 4:
Insert a new subsection to read:
"(d) Along with a notice furnished under (a)(2),
(4)(A), or (6) [, (7), OR (8)] of this section, the state
agency shall include the reason for the proposed action, the
initial cost to the state agency of implementation, the
estimated annual costs to the state agency of
implementation, the name of the contact person for the state
agency, and the origin of the proposed action."
Page 3, line 5:
Delete "Sec. 4."
Insert "Sec. 2."
[End of Amendment 1]
Number 1096
REPRESENTATIVE KERTTULA explained that she had left Amendment 1
in amendment form because working with two proposed committee
substitutes is too confusing. Amendment 1 takes the legislature
another step forward in receiving electronic notices by relieving
an agency of notifying each standing committee member or
administrative regulation review committee staff member. Her
inclination is to move all the way forward in electronic notice
capability. However, she recognizes that it is a policy call to
be decided upon by the committee.
CHAIR JAMES agreed that Amendment 1 is a step forward because
regulatory notices are available on electronic media.
Number 1178
REPRESENTATIVE OGAN asked if agency regulatory notices are going
to be e-mailed or just be available.
Number 1199
REPRESENTATIVE KERTTULA answered that if the committee adopts the
proposed CS, legislators will receive an electronic notice in
their offices. She emphasized that only the legislator would
receive the electronic notice, not committee members just because
they are assigned to a committee. As to whether the electronic
notice would be an e-mail, she said yes.
Number 1265
CHAIR JAMES pointed out that every committee member is also a
legislator, so the regulatory notices will be available to all of
them. She envisioned that much paperwork will be eliminated if
the legislature moves forward with the electronic technology
available.
Number 1340
REPRESENTATIVE KERTTULA agreed with Chair James that ever-
changing technology advances make for an exciting perspective of
paperless offices in the future.
CHAIR JAMES emphasized that there will be postage cost savings if
the legislature moves into the use of electronic technology
possibilities.
Number 1370
REPRESENTATIVE OGAN expressed his belief that there will be a
problem if standing committee members are not advised of
regulatory notices because some legislators are not full time or
in their offices every day checking e-mail messages. He
suggested that maybe some legislators did not want their staff to
check the legislators' e-mail messages. He suggested it would be
appropriate to at least e-mail the legislator's committee aide
regarding issues relevant to that committee.
Number 1451
CHAIR JAMES said she cannot imagine why a part-time legislator
would not want a legislative aide to read the e-mails. Her own
aides sort through e-mails, eliminate those that are not relevant
to the business at hand, and forward the important ones to her
home.
Number 1520
REPRESENTATIVE KERTTULA mentioned that all a legislator has to do
is notify an agency that information is to be mailed directly to
that legislator's staff person.
CHAIR JAMES emphasized that the computer age has arrived, so it
would behoove legislators to become technologically literate.
She would even like to have computers placed at desks in the
House chambers so that legislators can see amendments immediately
as they are being discussed. She suggested that being in the
forefront of using computer technology is an advantage for
legislators.
Number 1659
REPRESENTATIVE HUDSON reminded members that every newspaper has
pages full of legal notices that cost thousands of dollars to
publish, and yet hardly anyone reads them. Those notices are
there because they were mandated by antiquated government
regulation. He said he wishes HB 291 went further than just
addressing government action notices. He said it would be
convenient to get all public notices published in electronic
format in order to allow easier access for the public and to
reduce publishing costs.
CHAIR JAMES said she is pleased with Amendment 1 because it
repeals legislation, and repealing unnecessary legislation was
one of her purposes for filing for a legislative seat.
Number 1762
REPRESENTATIVE OGAN asked how Amendment 1 affects the average
citizen. Could people without computers in their homes request
to be included on a mailing list?
REPRESENTATIVE KERTTULA said Amendment 1 is just for the
legislature and does not affect any public notice requirements
that are already in effect. As it stands now, public notice
requirements, including expensive newspaper notices, are quite
complicated and detailed. She believes there has to be an easier
way to get regulatory notices published. Amendment 1 to the
proposed CS is just the first step toward a simpler process.
Number 1860
REPRESENTATIVE OGAN made a motion to adopt Amendment 1. There
being no objection, it was so ordered and Amendment 1 was
adopted.
Number 1889
REPRESENTATIVE OGAN made a motion to move CSHB 291, version 1-
LS1244\H, Bannister, 2/7/00, as amended, out of committee with
individual recommendations and attached fiscal note. There being
no objection, CSHB 291(STA) moved from the House State Affairs
Standing Committee.
HB 163-DIVISION OF ELECTIONS
Number 1919
CHAIR JAMES announced the next order of business is HOUSE BILL
NO. 163, "An Act relating to qualifications of voters; relating
to the registration of voters; relating to election districts and
officials; relating to election procedures and ballots; relating
to special procedures for elections; relating to nomination of
candidates; relating to national elections; relating to special
elections and appointments; relating to constitutional
amendments; relating to election offenses and corrupt practices;
relating to election pamphlets; relating to the deferral of jury
service for certain election officials; relating to an exemption
from the State Procurement Code regarding election ballots;
relating to the provision and use of mailing addresses on
permanent fund dividend applications for election purposes;
relating to the inclusion of voter registration forms with
permanent fund dividend applications; making conforming
amendments in references to 'election district' and 'chairman';
and providing for an effective date."
Number 1960
REPRESENTATIVE HUDSON made a motion to adopt the proposed CS for
HB 163, version 1-LS0769\D, Kurtz, 2/2/00, as a work draft.
There being no objection, proposed CSHB 163, Version D, was
before the committee.
Number 1970
RICHARD SCHMITZ, Staff Legislative Secretary to Representative
James, read the sponsor statement for HB 163 as follows:
House Bill 163 is primarily a housekeeping bill that
will update current election law to conform with the
optical scanning ballot tabulation system.
The goal of HB 163 is to make the electoral process
more efficient while continuing to maintain the
integrity of the process.
In addition to housekeeping measures which are outlines
in an accompanying sectional analysis, HB 163 contains
three policy changes which will help make the election
process more efficient for both the electorate and the
Division of Elections.
Write-in Candidates
It became apparent after the 1998 gubernatorial
election that the state needs clear procedures for the
qualification of write-in candidates and for the
counting of votes. HB 163 will prohibit the use of
stickers by write-in candidates. Write-in stickers
cannot be used with the state's optical scan ballot
tabulation system. The Division has been advised by
the manufacturer, Global Elections Systems, that
stickers could damage the Accu-Vote machines.
Revision of Absentee by Personal Representative Process
The current statutory process is too cumbersome and the
resulting mistakes by people attempting to assist other
voters have resulted in the disqualification of many
ballots. Current law requires the personal
representative to deliver an application to the voter,
return the application to an election official, pick up
the ballot and voting material, deliver the material to
the voter and then return the voted ballot and material
to an election official, and multiple signatures on a
complex form. The new process would allow the personal
representative to deliver an application and voting
material at one time and then return the voted ballot
and material to an election official. The same checks
and balances remain in lace to protect the integrity of
the electoral process.
Change to the Absentee In-Person Voting Process
Early voting would apply to absentee voting in the
regional election office absentee voting stations.
Voters registered in a house district in which the
regional election office has jurisdiction would no
longer be required to complete an absentee oath and
affidavit envelope. This will significantly reduce the
number of absentee ballots requiring review by the
division of elections. If a voter's residence address
information is different from that which appears on the
division's records at the time of voting, the voter
will be required to complete an oath and affidavit
envelope.
MR. SCHMITZ explained that the proposed CS is a fix-it bill as a
result of the November 1998 gubernatorial election, which seemed
to have caused some confusion. The proposed CS attempts to
mitigate confusion regarding write-in candidates and the absentee
voting process.
Number 2070
GAIL FENUMIAI, Election Program Specialist, Division of
Elections, Office of the Lieutenant Governor, provided the
division's position and answered questions regarding the proposed
CS for HB 163. She started by explaining three major areas of
change. First, the state's new computerized voting system
becomes jammed if voters use stickers for write-in candidates;
therefore, Section 40 on page 15 repeals the use of stickers
under AS 15.15.361.
MS. FENUMIAI discussed the second issue regarding write-in
candidates and directed committee members to follow along on page
23, Section 58. This is a new section that the Division of
Elections is proposing in an effort to establish guidelines for
write-in candidates. Apparently the 1998 election for governor
had caused confusion as to how a person could have his/her name
written in on the ballot. A question had arisen regarding
whether a write-in candidate for governor who did not have a
running mate could even be elected. Therefore, the Division of
Elections desired to establish some guidelines. Under the
proposed CS, a write-in candidate must file a declaration of
candidacy five days prior to the general election, which would
give the Division of Elections time to advise the public about
the write-in candidate.
MS. FENUMIAI referred tp page 15, lines 8-19. She explained that
this section shows voters how to write in the candidate and how
to fill in the ovals on the voting form.
Number 2291
REPRESENTATIVE HUDSON asked if the machine counts the votes.
CHAIR JAMES answered that the machine counts the ovals that are
filled in correctly.
MS. FENUMIAI mentioned that every candidate who does run for
office must file a declaration of candidacy with the Alaska
Public Offices Commission (APOC). She drew attention to Section
48, page 18, lines 10-24, which deals with early voting. She
said this section is being proposed as a matter of efficiency to
speed the process of counting absentee ballots. The early-voting
section discussed here only applies to the four regional absentee
voting stations of Juneau, Anchorage, Fairbanks and Nome. Each
of those four voting stations is online with the Division of
Elections' voter registration system. Instead of filling out an
"oath and affidavit envelope" as is currently required, an
absentee voter could simply vote and put the ballot into the
ballot tabulator. This would decrease the number of absentee
voter envelopes that each voting station had to review. Ms.
Fenumiai noted that there were over 13,000 absentee votes cast in
the 1998 general election. She envisions under the proposed CS
that staff time spent opening envelopes would be reduced
considerably.
Number 2445
CHAIR JAMES asked what happens if proof regarding the absentee
voter's place of residence does not match voter registration
information.
MS. FENUMIAI answered that then the absentee voter must fill out
an "oath and affidavit envelope."
REPRESENTATIVE OGAN noted that Section 49, regarding special
needs voting, does not appear to address people who are not
mentally cognizant, such as those who suffer from Alzheimer's
disease. He is concerned about unscrupulous manipulation to
obtain votes from people suffering some degree of dementia, he
explained. He objects to the fact that there do not seem to be
safeguards to prevent abuse of the absentee voter system.
Number 2527
MS. FENUMIAI answered that a law which precluded a person of
unsound mind from voting was repealed in the 1990s. She noted
that when a special needs ballot envelope is received by a voting
station, it is reviewed by a regional absentee review board. If
the information on the disabled person's ballot envelope does not
match the voter registration, then the ballot is disqualified.
Personally, she has not observed any voter fraud under
circumstances described by Representative Ogan.
REPRESENTATIVE OGAN emphasized his belief that just because the
Division of Elections is not aware of a fraud problem does not
mean that such a problem does not exist. He said there seems to
be room for possible exploitation on the part of people who may
have access to confidential personal information about people who
suffer from dementia.
Number 2652
MS. FENUMIAI noted that there are election misconduct statutes.
If a person coerced another person about voting or pretended to
be the other person, the perpetrator would face election
misconduct charges. Regional election supervisors act as guards
for the integrity of the absentee voting system by finding
volunteer groups - such as the League of Women Voters - who will
serve as personal representatives for disabled persons.
Generally, it is family members who request special needs
ballots.
CHAIR JAMES said as far as she understands, the disabled person
actually votes; it is not someone else voting for the disabled
person. The personal representative picks up the ballot at a
voting station and delivers it to the disabled person.
Number 2725
MS. FENUMIAI affirmed that. She explained that the Division of
Elections also maintains a log of personal representatives who
pick up ballots for disabled persons. Anything of a suspicious
nature is investigated by the Division of Elections.
REPRESENTATIVE HUDSON asked committee members to review page 18,
beginning at line 26, all the way through to the bottom of page
19. He noted that this section thoroughly describes the subject
of absentee voting for someone else. He mentioned that page 19,
line 26, addresses "unlawful interference with voting," which he
felt should put Representative Ogan's fears to rest regarding
fraud.
Number 2777
REPRESENTATIVE SMALLEY agreed with Representative Hudson that
page 19, lines 23-27, seemed to cover the fraud question.
However, there might be a problem for visually impaired people
since they cannot see where to mark the ballot.
MS. FENUMIAI answered that the personal representative is
authorized to direct the disabled person where to mark the
ballot. Presently, a visually impaired person requests a
personal representative to accompany the voter into the voting
booth to assist in voting. Ms. Fenumiai reminded the committee
that the personal representative has taken an oath to follow the
voter's direction and not divulge the vote. The Division of
Elections' goal in presenting the proposed CS is to reduce the
number of trips that a personal representative makes under the
current statute. Under the proposed CS, the personal
representative could take the absentee voter application and the
voting packet at the same time to the special needs voter. She
explained that the Division of Elections is trying to make it
easier for the voter to participate in the election process.
MS. FENUMIAI informed the committee that other changes to statute
outlined in the proposed CS are simply to bring existing language
into compliance with the new election-related scanning equipment.
Number 2915
REPRESENTATIVE WHITAKER said he is concerned with the notion that
a running mate is now required for a write-in gubernatorial
candidate. That has not been a requirement in the past.
CHAIR JAMES answered that the present political system in a
primary election requires a lieutenant governor position to
accompany the governor position. Accordingly, a write-in
candidate for governor should also have a running mate.
TAPE 00-4, SIDE B
Number 2990
MS. FENUMIAI expanded by saying that the Division of Elections
wanted to level the playing field by requiring that a write-in
candidate name a running mate.
REPRESENTATIVE WHITAKER said he had brought up the question
because there are people in Alaska who object to further
regulations and rules being placed on current regulations.
Number 2951
REPRESENTATIVE HUDSON made a motion to move CSHB 163, version 1-
LS0769\D, Kurtz, 2/2/00, from committee with individual
recommendations and the attached fiscal note. There being no
objection, CSHB 163(STA) moved from the House State Affairs
Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:00
a.m.
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