Legislature(1993 - 1994)

03/04/1993 08:00 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
             HOUSE STATE AFFAIRS STANDING COMMITTEE                            
                          March 4, 1993                                        
                            8:00 a.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Al Vezey, Chairman                                            
  Representative Pete Kott, Vice Chairman                                      
  Representative Harley Olberg                                                 
  Representative Jerry Sanders                                                 
  Representative Gary Davis                                                    
  Representative Fran Ulmer                                                    
  Representative Bettye Davis                                                  
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  None                                                                         
                                                                               
  OTHER HOUSE MEMBERS PRESENT                                                  
                                                                               
  Representative Brian Porter                                                  
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  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."                                                           
                                                                               
            MOVED FROM COMMITTEE WITH NO RECOMMENDATION                        
                                                                               
  HB 49     "An Act relating to facsimile absentee ballot                      
            application and facsimile absentee voting."                        
                                                                               
            MOVED FROM COMMITTEE WITH NO RECOMMENDATION                        
                                                                               
  SJR 20    Disapproving the Local Boundary Commission                         
            recommendation regarding the annexation of                         
            territory to the City of Palmer.                                   
                                                                               
            HELD IN COMMITTEE FOR FURTHER CONSIDERATION                        
                                                                               
  *HB 138   "An Act relating to limitations on a drivers'                      
            license; imposing a limited license fee; and                       
            providing for an effective date."                                  
                                                                               
            MOVED FROM COMMITTEE WITH DO PASS RECOMMENDATION                   
                                                                               
  (* denotes first public hearing)                                             
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Mike Chryst                                                                  
  P.O. Box 872488                                                              
  Wasilla, Alaska 99687                                                        
  376-3192                                                                     
  Position Statement: Supported SJR 20                                         
                                                                               
  Sally Chryst                                                                 
  P.O. Box 872488                                                              
  Wasilla, Alaska  99687                                                       
  376-3192                                                                     
  Position Statement: Supported SJR 20                                         
                                                                               
  Mark Chryson                                                                 
  P.O. Box 872488                                                              
  Wasilla, Alaska 99687                                                        
  376-3704                                                                     
  Position Statement: Supported SJR 20                                         
                                                                               
  Arnold Hartman                                                               
  P.O. Box 2574                                                                
  Palmer, Alaska 99645                                                         
  746-1763                                                                     
  Position Statement: Supported SJR 20                                         
                                                                               
  Clarence Furbush                                                             
  HC01 Box 6001                                                                
  Palmer, Alaska 99645                                                         
  745-3357                                                                     
  Position Statement: Supported SJR 20                                         
                                                                               
  Steve VanCleve                                                               
  P.O. Box 372                                                                 
  Sutton, Alaska  99674                                                        
  745-3038                                                                     
  Position Statement: Supported SJR 20                                         
                                                                               
  William Hopkins                                                              
  Palmer, Alaska  99645                                                        
  Position Statement: Supported SJR 20                                         
                                                                               
  Don Hart                                                                     
  P.O. Box 3771                                                                
  Palmer, Alaska  99645                                                        
  745-5454                                                                     
  Position Statement: Supported SJR 20                                         
                                                                               
  Dan Dryden                                                                   
  HC3 Box 8118                                                                 
  Palmer, Alaska 99645                                                         
  745-6745                                                                     
  Position Statement: Supported SJR 20                                         
                                                                               
  Robert Bailey                                                                
  Property Owner                                                               
  P.O. Box 221                                                                 
  Palmer, Alaska  99645                                                        
  745-3020                                                                     
  Position Statement: Supported SJR 20                                         
                                                                               
  Dave Soulak                                                                  
  City Manager                                                                 
  City of Palmer                                                               
  Palmer, Alaska  99645                                                        
  745-3271                                                                     
  Position Statement: Opposed SJR 20                                           
                                                                               
  Dan Brockhurst                                                               
  Staff Member                                                                 
  Local Boundary Commission                                                    
  269-4500                                                                     
  Anchorage, Alaska                                                            
  Position Statement: Outlined the LBC annexation process                      
                                                                               
  Jana Thrift                                                                  
  P.O. Box 2574                                                                
  Palmer, Alaska  99645                                                        
  746-1763                                                                     
  Position Statement: Supported SJR 20                                         
                                                                               
  Marsha Melton                                                                
  Mayor Pro Tem                                                                
  City of Palmer                                                               
  Palmer, Alaska  99645                                                        
  Position Statement: Opposed SJR 20                                           
                                                                               
  Representative Brian Porter                                                  
  State Capitol, Room 122                                                      
  Juneau, Alaska 99801-1182                                                    
  465-4930                                                                     
  Position Statement: Prime Sponsor of HB 138                                  
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  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                      
  03/04/93              (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                      
  03/04/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  BILL:  SJR 20                                                                
  SHORT TITLE:  DISAPPROVE PALMER BOUNDARY CHANGES                             
  BILL VERSION:                                                                
  SPONSOR(S):  COMMUNITY & REGIONAL AFFAIRS                                    
  TITLE: Disapproving the Local Boundary Commission                            
  recommendation regarding the annexation of territory to the                  
  City of Palmer.                                                              
  JRN-DATE     JRN-PG               ACTION                                     
  02/10/93       316    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  02/10/93       316    (S)   COMMUNITY AND REGIONAL AFFAIRS                   
  02/16/93              (S)   CRA AT 09:00 AM BUTROVICH ROOM                   
                              205                                              
  02/16/93              (S)   MINUTE(CRA)                                      
  02/17/93       384    (S)   CRA RPT  3DP 1NR                                 
  02/17/93       384    (S)   ZERO FISCAL NOTE (S.CRA/CRA)                     
  02/18/93              (S)   RLS AT 11:30 AM FAHRENKAMP ROOM                  
                              203                                              
  02/18/93              (S)   MINUTE(RLS)                                      
  02/19/93       410    (S)   RULES TO CALENDAR  2/19/93                       
  02/19/93       417    (S)   HELD TO 2/22/93                                  
  02/22/93       441    (S)   READ THE SECOND TIME                             
  02/22/93       441    (S)   ADVANCED TO THIRD READING UNAN                   
                              CONSENT                                          
  02/22/93       441    (S)   READ THE THIRD TIME  SJR 20                      
  02/22/93       442    (S)   PASSED Y16 N1 E2 A1                              
  02/22/93       444    (S)   TRANSMITTED TO (H)                               
  02/23/93              (H)   CRA AT 01:00 PM CAPITOL 124                      
  02/23/93              (H)   MINUTE(CRA)                                      
  02/24/93       428    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/24/93       428    (H)   STATE AFFAIRS, CRA                               
  03/02/93              (H)   CRA AT 01:00 PM CAPITOL 124                      
  03/04/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  03/04/93              (H)   CRA AT 01:00 PM CAPITOL 124                      
                                                                               
                                                                               
  BILL:  HB 138                                                                
  SHORT TITLE:  LIMITED DRIVERS' LICENSES                                      
  BILL VERSION:                                                                
  SPONSOR(S):  REPRESENTATIVE(S) PORTER,Ulmer,Carney                           
  TITLE: "An Act relating to limitations on a drivers'                         
  license; imposing a limited license fee; and providing for                   
  an effective date."                                                          
  JRN-DATE     JRN-PG               ACTION                                     
  02/08/93       253    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/08/93       254    (H)   STATE AFFAIRS, JUDICIARY,                        
                              FINANCE                                          
  03/04/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-25, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN AL VEZEY called the House State Affairs Committee                   
  to order at 8:06 a.m. on Thursday, March 4, 1993.  Members                   
  present were Representatives Kott, Olberg, Sanders, Bettye                   
  Davis, Ulmer, and Gary Davis, representing a quorum.  Also                   
  present was Representative Brian Porter, prime sponsor of HB
  138.                                                                         
  HB 47:  ABSENTEE BALLOTS - PRIMARY ELECTIONS                                 
  Number 018                                                                   
                                                                               
  CHAIRMAN VEZEY read the title of CSHB 47 and outlined                        
  changes made in the bill since its introduction, then called                 
  for discussion.                                                              
                                                                               
  Number 047                                                                   
                                                                               
  REPRESENTATIVE BETTYE DAVIS MOVED for ADOPTION of CSHB 47,                   
  which met with no objection.                                                 
                                                                               
  Number 053                                                                   
                                                                               
  REPRESENTATIVE JERRY SANDERS MOVED for PASSAGE of CSHB 47                    
  from committee.                                                              
                                                                               
  Number 074                                                                   
                                                                               
  CHAIRMAN VEZEY called for a vote on CSHB 47, which PASSED                    
  unanimously from committee.                                                  
  HB 49:  ABSENTEE BALLOTING BY FAX                                            
                                                                               
  Number 080                                                                   
                                                                               
  CHAIRMAN VEZEY read the title for CSHB 49, which was held                    
  over from the last meeting.  He noted there were no changes                  
  in the bill.                                                                 
                                                                               
  Number 084                                                                   
                                                                               
  REPRESENTATIVE FRAN ULMER asked for clarification on the                     
  Department of Elections' position on CSHB 49.                                
                                                                               
  Number 088                                                                   
                                                                               
  CHAIRMAN VEZEY claimed the Department of Elections supported                 
  CSHB 49.                                                                     
                                                                               
  Number 094                                                                   
                                                                               
  REPRESENTATIVE PETE KOTT, VICE CHAIR, MOVED for PASSAGE of                   
  CSHB 49.                                                                     
                                                                               
  Number 099                                                                   
                                                                               
  CSHB 49 PASSED from committee unanimously.                                   
  SJR 20:  DISAPPROVE PALMER BOUNDARY CHANGES                                  
                                                                               
  Number 115                                                                   
                                                                               
  CHAIRMAN VEZEY read the title for SJR 20 and called for                      
  comment from the teleconference sites around the state.                      
                                                                               
  Number 135                                                                   
                                                                               
  MIKE CHRYST, PRESIDENT OF A PALMER AREA POLITICAL GROUP,                     
  testified by teleconference from Mat-su, in support of SJR
  20. Mr. Chryst explained that allowing land to be annexed by                 
  the city of Palmer violated individual rights and the mind-                  
  set of the average Alaskan.                                                  
                                                                               
  Number 166                                                                   
                                                                               
  SALLY CHRYST testified by teleconference from Mat-su, in                     
  support of SJR 20.  She explained that she feared fights                     
  over future annexations between the cities of Palmer and                     
  Wasilla without regard to personal property rights.                          
                                                                               
  Number 189                                                                   
                                                                               
  MARK CHRYSON, PRESIDENT OF THE MAT-SU ALASKAN INDEPENDENCE                   
  PARTY, testified by teleconference from Mat-Su, in support                   
  of SJR 20.  Mr. Chryson did not want to see property annexed                 
  without the will of the owner.                                               
                                                                               
  Number 218                                                                   
                                                                               
  ARNOLD HARTMAN, A 22 YEAR RESIDENT OF PALMER, testified by                   
  teleconference from Mat-Su in support of SJR 20.  Mr.                        
  Hartman explained that keeping SJR 20 in committee and away                  
  from floor debate was morally wrong.  He also stated                         
  annexing property against the will of the owner was a                        
  constitutional violation.                                                    
                                                                               
  Number 238                                                                   
                                                                               
  CLARENCE FURBUSH testified by teleconference from Mat-Su in                  
  support of SJR 20.  He stated the desires of four other                      
  landowners wishing not to be annexed were being overshadowed                 
  by trouble surrounding Mr. Robert Bailey.  He stated Mr.                     
  Bailey should be treated as a nuisance.                                      
                                                                               
  Number 269                                                                   
                                                                               
  STEVE VANCLEVE testified by teleconference from Mat-Su in                    
  support of SJR 20.  Mr. Vancleve noted hundreds of                           
  complaints had been lodged against Mr. Bailey, but said they                 
  came from a small group of people.  He also noted Mr. Bailey                 
  had tried to clean up and paint his property to please other                 
  landowners. Mr. Vancleve also asked what happened to                         
  grandfather rights in the state.                                             
                                                                               
  Number 323                                                                   
                                                                               
  WILLIAM HOPKINS testified by teleconference from Mat-Su in                   
  support of SJR 20. He stated Mr. Bailey only wanted                          
  independence, which he said was part of the Alaskan way of                   
  life.                                                                        
                                                                               
  Number 337                                                                   
                                                                               
  DON HART testified by teleconference from Mat-Su in support                  
  of SJR 20.  He questioned the motive of Palmer officials in                  
  annexing the property to increase surrounding property                       
  values, not to expand boundaries or development.                             
                                                                               
  Number 397                                                                   
                                                                               
  DAN DRYDEN testified by teleconference from Mat-Su in                        
  support of SJR 20.  He stated the complaints against Mr.                     
  Bailey were wildly exaggerated, and should be evaluated in                   
  court.  He stated not adopting SJR 20 would infringe on Mr.                  
  Bailey's civil rights and urged passage of the resolution.                   
                                                                               
  Number 448                                                                   
                                                                               
  ROBERT BAILEY testified by teleconference from Mat-Su in                     
  support of SJR 20.  He made a personal appeal for the                        
  committee to move the resolution to the House floor for a                    
  full debate.                                                                 
                                                                               
  Number 461                                                                   
                                                                               
  DAVE SOULAK, PALMER CITY MANAGER, testified by                               
  teleconference from Mat-Su in opposition to SJR 20.  Mr.                     
  Soulak stated the property up for annexation had been                        
  declared a threat to public health, safety and welfare, and                  
  assured the committee no changes would be made overnight.                    
  He also stated the city would not try to acquire the land.                   
                                                                               
  Number 499                                                                   
                                                                               
  REPRESENTATIVE KOTT asked who Cathy Hummel was, and if her                   
  written testimony before the Local Boundary Commission                       
  (LBC), was accurate.                                                         
                                                                               
  Number 506                                                                   
                                                                               
  MR. SOULAK replied Ms. Hummel was a paid health advocate.                    
  He explained he had no idea if her testimony was good,                       
  because the city was only invited to inspect the property                    
  with Department of Environmental Conservation (DEC)                          
  officials if Ms. Hummel's services to Mr. Bailey were also                   
  paid for.  He said the city declined the offer.                              
                                                                               
  Number 520                                                                   
                                                                               
  REPRESENTATIVE GARY DAVIS asked what specific health, safety                 
  and welfare grounds the LBC reported on.                                     
                                                                               
  Number 527                                                                   
                                                                               
  MR. SOULAK noted the large number of dogs Mr. Bailey owned                   
  posed an animal control problem in the neighborhood, and the                 
  lack of sewer and water facilities on his property.                          
                                                                               
  Number 548                                                                   
                                                                               
  CHAIRMAN VEZEY called for testimony from Anchorage.                          
                                                                               
  Number 550                                                                   
                                                                               
  DAN BROCKHURST, LOCAL BOUNDARY COMMISSION STAFF MEMBER,                      
  joined the hearing by teleconference from Anchorage.                         
                                                                               
  Number 556                                                                   
                                                                               
  CHAIRMAN VEZEY asked Mr. Brockhurst to outline the LBC                       
  annexation process.                                                          
                                                                               
  Number 559                                                                   
                                                                               
  MR. BROCKHURST detailed the process, including the Palmer                    
  City Council vote of February, 1992, the public notice for                   
  comments in May 1992, the Committee on Regional Affairs                      
  draft report in October 1992, and the LBC hearing of                         
  November 20, 1992, in which members voted 3-2 for                            
  annexation.                                                                  
                                                                               
  Number 604                                                                   
                                                                               
  REPRESENTATIVE KOTT asked if toxic waste studies had been                    
  done on the site.                                                            
                                                                               
  Number 608                                                                   
                                                                               
  MR. BROCKHURST stated there had been no studies done because                 
  of the stipulations placed on a DEC team visiting the site,                  
  but noted the LBC looked beyond toxic waste in determining                   
  threats to public health, safety and welfare.                                
                                                                               
  Number 636                                                                   
                                                                               
  REPRESENTATIVE KOTT inquired about Cathy Hummel.                             
                                                                               
  Number 638                                                                   
                                                                               
  MR. BROCKHURST stated Ms. Hummel was an employee of the                      
  Alaska Health Project.                                                       
                                                                               
  Number 652                                                                   
                                                                               
  JANA THRIFT testified by teleconference from Mat-Su in                       
  support of SJR 20.  She stated four other property owners in                 
  the proposed annexed area disagreed with the LBC, that the                   
  LBC had discarded 10 of 11 standards for annexation in this                  
  case, that Cathy Hummel's report should be considered, and                   
  that the case belonged in court instead of the legislature.                  
                                                                               
  TAPE 93-25, SIDE B                                                           
  Number 012                                                                   
                                                                               
  MARSHA MELTON, PALMER MAYOR PRO TEM, testified by                            
  teleconference from Mat-Su in opposition to SJR 20.  She                     
  asked if she might fax her testimony in, and was given                       
  permission to do so.                                                         
                                                                               
  Number 050                                                                   
                                                                               
  REPRESENTATIVE KOTT asked Mr. Bailey to return to the                        
  microphone and answer three questions:  How large a                          
  homestead Mr. Bailey owned?; if Mr. Bailey had either junked                 
  or antique cars on his property?; and, if Mr. Bailey had                     
  entered into a lawsuit to protect himself?                                   
                                                                               
  Number 081                                                                   
                                                                               
  MR. BAILEY answered that he owned an entire city block, or                   
  3.5 acres; that the cars on his property could be considered                 
  antique or collectible; and, that he had no lawsuit pending.                 
  He also said he bought his property when other people began                  
  to crowd him.                                                                
                                                                               
  Number 113                                                                   
                                                                               
  REPRESENTATIVE KOTT felt SJR 20 should move from committee                   
  and MOVED for a vote to do so.                                               
                                                                               
  SJR 20 FAILED to move on a 3-2 vote, with Representatives                    
  Olberg and Vezey voting no.                                                  
  HB 138:  LIMITED DRIVERS' LICENSES                                           
                                                                               
  Number 145                                                                   
                                                                               
  CHAIRMAN VEZEY read the title of HB 138 and invited its                      
  prime sponsor, Representative Brian Porter to testify.                       
                                                                               
  Number 155                                                                   
                                                                               
  REPRESENTATIVE BRIAN PORTER, PRIME SPONSOR of HB 138,                        
  explained the bill's intent was to correct a court                           
  interpretation of a bill passed in the 17th Legislature.  He                 
  stated one court's interpretation did not allow second,                      
  fourth, and fifth drunk driving convictions to be allowed                    
  for consideration under the limited drivers' license                         
  statute, and HB 138 would correct that.  He noted HB 138                     
  also provided for cost sharing of the program.                               
                                                                               
  Number 216                                                                   
                                                                               
  CHAIRMAN VEZEY urged members to look carefully at the                        
  complexity of HB 138, and asked for clarification from                       
  Representative Porter.                                                       
                                                                               
  Number 245                                                                   
                                                                               
  REPRESENTATIVE PORTER explained the cost sharing details of                  
  the program, as well as the retroactive provisions for                       
  allowing a limited driver's license.                                         
                                                                               
  Number 273                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS MOVED for passage of HB 138.                         
                                                                               
  Number 276                                                                   
                                                                               
  REPRESENTATIVE B. DAVIS SECONDED the motion.                                 
                                                                               
  Number 285                                                                   
                                                                               
  HB 138 was MOVED from committee by a 5-0 vote.                               
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  Number 290                                                                   
                                                                               
  CHAIRMAN VEZEY adjourned the meeting at 9:08 a.m.                            

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