Legislature(1993 - 1994)

03/02/1993 08:00 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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             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.                            

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