Legislature(1993 - 1994)
03/02/1993 08:00 AM STA
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE March 2, 1993 8:00 a.m. MEMBERS PRESENT Representative Al Vezey, Chairman Representative Pete Kott, Vice Chairman Representative Harley Olberg Representative Jerry Sanders Representative Fran Ulmer Representative Bettye Davis MEMBERS ABSENT Representative Gary Davis COMMITTEE CALENDAR HB 110 "An Act setting termination dates for various boards, commissions, councils, agencies, committees, and divisions of state government; repealing obsolete statutes relating to the State Fire Commission and the Board of Electrical Examiners; repealing obsolete statutes relating to termination of agency programs and activities; increasing to 10 years the normal maximum interval for review of boards, commissions, and other entities that are subject to sunset reviews; and providing for an effective date." HELD IN COMMITTEE FOR FURTHER CONSIDERATION HB 47 "An Act relating to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public." HELD IN COMMITTEE FOR FURTHER CONSIDERATION HB 49 "An Act relating to facsimile absentee ballot applications and facsimile absentee voting." HELD IN COMMITTEE FOR FURTHER CONSIDERATION WITNESS REGISTER Joe Ryan, Committee Aide House State Affairs Standing Committee Room 102, State Capitol Juneau, Alaska 99801-1182 465-3719 POSITION STATEMENT: Gave an overview of HB 110 Randy Welker, Legislative Auditor Legislative Audit Division P.O. Box 113200 Juneau, Alaska 99811-3300 465-3830 POSITION STATEMENT: Advised that HB 110 needed to be amended Donald G. Study, Acting Director Division of Labor Standards and Safety Department of Labor P.O. Box 20630 Juneau, Alaska 99802-0630 465-4855 POSITION STATEMENT: Supported legislation to transfer licensing of mechanical administrators Dave Hutchens, Executive Director Alaska Rural Electrical Co-Op Association 703 W. Tudor #200 Anchorage, Alaska 99515 463-3636 POSITION STATEMENT: Explained concern with the 10 year extension of the APUC Tom Garrett, Secretary Alaska Visitors Association 234 Gold Street Juneau, Alaska 99801 586-2480 POSITION STATEMENT: Requested clarification on HB 110, HB 111, and HB 115 Elizabeth Bellinghiri, Legislative Aide to Representative Jerry Sanders Room 13, State Capitol Juneau, Alaska 99801-1182 465-4945 POSITION STATEMENT: Outlined changes in HB 47 PREVIOUS ACTION BILL: HB 110 SHORT TITLE: BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES BILL VERSION: SPONSOR(S): RULES BY REQUEST OF LEGISLATIVE BUDGET AND AUDIT TITLE: "An Act setting termination dates for various boards, commissions, councils, agencies, committees, and divisions of state government; repealing obsolete statutes relating to the State Fire Commission and the Board of Electrical Examiners; repealing obsolete statutes relating to termination of agency programs and activities; increasing to 10 years the normal maximum interval for review of boards, commissions, and other entities that are subject to sunset reviews; and providing for an effective date." JRN-DATE JRN-PG ACTION 02/01/93 198 (H) READ THE FIRST TIME/REFERRAL(S) 02/01/93 198 (H) STATE AFFAIRS, LABOR & COMMERCE, FINANCE 02/16/93 (H) STA AT 08:00 AM CAPITOL 102 02/16/93 (H) MINUTE(STA) 02/16/93 (H) MINUTE(STA) 02/16/93 (H) MINUTE(STA) 02/23/93 (H) STA AT 08:00 AM CAPITOL 102 03/02/93 (H) STA AT 08:00 AM CAPITOL 102 BILL: HB 47 SHORT TITLE: ABSENTEE BALLOTS - PRIMARY ELECTIONS BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) MARTIN TITLE: "An Act relating to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public." JRN-DATE JRN-PG ACTION 01/12/93 43 (H) READ THE FIRST TIME/REFERRAL(S) 01/12/93 43 (H) STATE AFFAIRS, JUDICIARY, FINANCE 01/28/93 (H) STA AT 08:00 AM CAPITOL 102 01/30/93 (H) STA AT 08:00 AM CAPITOL 102 01/30/93 (H) MINUTE(STA) 02/04/93 (H) STA AT 08:00 AM CAPITOL 102 02/06/93 (H) STA AT 08:00 AM CAPITOL 102 02/06/93 (H) MINUTE(STA) 02/09/93 (H) STA AT 08:00 AM CAPITOL 102 02/11/93 (H) MINUTE(STA) 02/13/93 (H) STA AT 08:00 AM CAPITOL 102 02/18/93 (H) STA AT 08:00 AM CAPITOL 102 02/18/93 (H) MINUTE(STA) 03/02/93 (H) STA AT 08:00 AM CAPITOL 102 BILL: HB 49 SHORT TITLE: ABSENTEE BALLOTING BY FAX BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) MARTIN,Brice TITLE: "An Act relating to facsimile absentee ballot application and facsimile absentee voting." JRN-DATE JRN-PG ACTION 01/13/93 52 (H) READ THE FIRST TIME/REFERRAL(S) 01/13/93 53 (H) STATE AFFAIRS, JUDICIARY, FINANCE 01/20/93 117 (H) COSPONSOR(S): BRICE 01/28/93 (H) STA AT 08:00 AM CAPITOL 102 01/28/93 (H) MINUTE(STA) 01/30/93 (H) STA AT 08:00 AM CAPITOL 102 01/30/93 (H) MINUTE(STA) 02/09/93 (H) STA AT 08:00 AM CAPITOL 102 02/11/93 (H) STA AT 08:00 AM CAPITOL 102 02/11/93 (H) MINUTE(STA) 02/13/93 (H) STA AT 08:00 AM CAPITOL 102 02/18/93 (H) STA AT 08:00 AM CAPITOL 102 02/18/93 (H) MINUTE(STA) 03/02/93 (H) STA AT 08:00 AM CAPITOL 102 ACTION NARRATIVE TAPE 93-24, SIDE A Number 009 CHAIRMAN AL VEZEY called the House State Affairs Committee to order at 8:03 a.m. on March 2, 1993. Members present were Representatives Olberg, Sanders, Ulmer, and Kott, representing a quorum. HB 110: BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES Number 028 CHAIRMAN VEZEY read the title to HB 110 and called Committee Aide Joe Ryan to the table to give an overview of the bill. He noted the arrival of Representative Bettye Davis. Number 033 JOE RYAN, COMMITTEE AIDE, HOUSE STATE AFFAIRS COMMITTEE, outlined the function of the boards, agencies, committees and authorities involved in HB 110, and then detailed accountability problems with job responsibilities and revenue management. Mr. Ryan also noted conflicts between HB 110 and HB 111, which also dealt with boards and commissions, and suggested some options for amendment. Number 315 CHAIRMAN VEZEY asked Mr. Ryan to summarize the difference between HB 110 and recommendations made by the Governor's Task Force on Boards and Commissions. Number 320 MR. RYAN noted the Governor's task force made some recommendations in conflict with federal regulation, which both HB 110 and HB 111 generally followed. Number 389 REPRESENTATIVE FRAN ULMER noted the lack of language in HB 110 regarding the elimination of the Citizens Review Board on Permanency Planning. Number 405 MR. RYAN noted the discrepancy and suggested Legislative Auditor Randy Welker might provide more information. Number 414 RANDY WELKER, LEGISLATIVE AUDITOR, LEGISLATIVE AUDIT DIVISION, explained HB 110 did not contain any language on Permanency Planning because that language was contained in HB 111. Number 440 REPRESENTATIVE ULMER asked Mr. Welker if he recommended any changes to HB 110. MR. WELKER had no recommendations, but advised that HB 110 would have to be amended to take into account an Executive Order (EO) eliminating the State Women's Commission, which had $30,000 funding included in the bill. The EO involved would take effect before the end of session, he noted. Number 466 DON STUDY, DIRECTOR, DIVISION OF LABOR STANDARDS AND SAFETY, DEPARTMENT OF LABOR, outlined the administration's support of proposed legislation to transfer the licensing of mechanical administrators from the Department of Commerce and Economic Development, and its opposition to the extension of the Mechanical Administrator. Number 490 DAVE HUTCHENS, EXECUTIVE DIRECTOR, ALASKA RURAL ELECTRICAL CO-OP ASSOCIATION (the Association), explained the Association's concern with the 10 year extension of the Alaska Public Utilities Commission (APUC). Mr. Hutchens also stated he was speaking for the Alaska Telephone Association. CHAIRMAN VEZEY asked what would happen if the APUC was sunsetted. Number 557 MR. HUTCHENS explained there would be some bad effects, including the de-regulation of service areas and the end of rate regulation. However, Mr. Hutchens explained, regulation was probably not needed since in the Association's view, the goals of the customers were aligned with those of management. Number 588 TOM GARRETT, SECRETARY, ALASKA VISITORS ASSOCIATION (AVA), asked for clarification of conflicts between HB 110, HB 111 and HB 115, which involved the AVA. Number 605 CHAIRMAN VEZEY closed testimony on HB 110. HB 47: ABSENTEE BALLOTS - PRIMARY ELECTIONS Number 613 CHAIRMAN VEZEY read the title of HB 47 and asked Representative Sanders for an overview or sectional analysis of the bill. Number 626 REPRESENTATIVE JERRY SANDERS explained the committee substitute (CS) to HB 47 did not remove or alter the intent of HB 47, but provided authorization for a political party to adopt a rule, and brought state law into conformity with a Supreme Court decision. Number 650 REPRESENTATIVE ULMER asked for more detail on the changes to HB 47. REPRESENTATIVE SANDERS suggested calling his aide, Elizabeth Bellinghiri, who helped draft CSHB 47. Number 655 ELIZABETH BELLINGHIRI, LEGISLATIVE AIDE TO REPRESENTATIVE JERRY SANDERS, outlined changes made to HB 47, including the acknowledgement that political parties may make their own rules in a primary and, in the event of a party rule conflicting with statute, the statute would fall. She also noted the change in terminology from "open primary" ballot to "statutory" ballot, in order to conform to language used by the Department of Elections. In addition, Ms. Bellinghiri also noted the necessity to amend CSHB 47 to bring it into compliance with 42 U.S. code. TAPE 93-24, SIDE B Number 084 MS. BELLINGHIRI also explained the need to push back the time to implement CSHB 47, saying voters throughout the state, especially those in remote locations, would need to be educated about the new procedure. Number 091 REPRESENTATIVE BETTYE DAVIS asked if the Department of Elections had switched its position with regard to HB 47. Number 093 MS. BELLINGHIRI explained the Department of Elections had indeed changed its position, and now supported CSHB 47. Number 100 REPRESENTATIVE ULMER expressed concern that the average voter might have problems with the change in terminology from "open ballot" to "statutory ballot." She asked if the ballot would be modeled after the current Republican primary ballot. Number 117 MS. BELLINGHIRI explained ballots would be labeled as directed by the parties. She also explained the logic behind changing the terminology. Number 149 REPRESENTATIVE ULMER reaffirmed her concerns. She suggested finding a new term for the non-closed ballot. Number 170 MS. BELLINGHIRI discussed the possibility of placing all parties on a single ballot, even though one party's primary might be "closed." Number 190 CHAIRMAN VEZEY noted the need to revise language involving submission of the new rules to the U.S. Department of Justice, and announced HB 47 would be held over. HB 49: ABSENTEE BALLOTING BY FAX Number 210 CHAIRMAN VEZEY read the title of HB 49 and outlined several changes made to the bill since the last committee meeting. He pointed out changes in the auditing of ballots, which would now require witnessing of the ballot by either a commissioned officer, NCO of the military, or two U.S. citizens, and then entertained motions to move HB 49 from committee. Number 280 REPRESENTATIVE SANDERS MOVED for passage of HB 49 out of committee. Number 290 The MOTION to move HB 49 from committee FAILED 3-2, with Representatives Ulmer and B. Davis voting no. ADJOURNMENT Number 308 CHAIRMAN VEZEY adjourned the meeting at 9:05 a.m.