Legislature(1993 - 1994)
04/05/1994 08:00 AM House STA
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 5, 1994
8:00 a.m.
MEMBERS PRESENT
Representative Al Vezey, Chairman
Representative Pete Kott, Vice Chairman
Representative Bettye Davis
Representative Gary Davis
Representative Harley Olberg
Representative Fran Ulmer
MEMBERS ABSENT
Representative Jerry Sanders
COMMITTEE CALENDAR
*HB 543: "An Act relating to unvented gas space
heaters in residential buildings."
HELD IN COMMITTEE
SB 220: "An Act amending schedule IA of the schedules
of controlled substances applicable to
offenses relating to controlled substances to
add the drug methcathinone, commonly
identified as `cat.'"
PASSED OUT OF COMMITTEE WITH DO PASS
RECOMMENDATIONS
SB 303: "An Act relating to voter eligibility, voter
registration, and voter registration
agencies; and providing for an effective
date."
HELD IN COMMITTEE
HB 342: "An Act extending the termination date of the
Alaska Tourism Marketing Council."
PASSED OUT OF COMMITTEE WITH DO PASS
RECOMMENDATIONS
*HJR 63: Relating to the membership of the Republic of
China on Taiwan in the United Nations.
PASSED OUT OF COMMITTEE WITH DO PASS
RECOMMENDATIONS
HB 531: "An Act relating to the existence and
functions of certain multimember state
bodies, including boards, councils,
commissions, associations, or authorities;
and providing for an effective date."
HELD IN COMMITTEE
(* First public hearing)
WITNESS REGISTER
MEL KROGSENG
P.O. Box 3913
Soldotna, AK 99669
Phone: Not given.
POSITION STATEMENT: Commented on HB 543
KEITH KETTLER, Marketing Director
Tempco Fireplaces
2333 Judson St.
Longmont, Colorado 80501
Phone: Not given.
POSITION STATEMENT: Supported HB 543
SENATOR JOHNNY ELLIS
Alaska State Legislature
Alaska State Capitol, Room 9
Juneau, AK 99811-0460
Phone: 465-3704
POSITION STATEMENT: Sponsor of CSSB 220
MARGOT KNUTH, Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
Phone: 465-3428
POSITION STATEMENT: Answered questions on CSSB 220
LAURA GLAISER, Administrative Code Coordinator
Lieutenant Governor's Office
P.O. Box 110015
Juneau, AK 99811
Phone: 465-4084
POSITION STATEMENT: Addressed SB 303 for the Lt. Governor's
Office, Sponsor
GEORGE SMITH, Deputy Director
Libraries, Archives & Museums
Department of Education
P.O. Box 110571
Juneau, AK 99811-0571
Phone: 465-2910
POSITION STATEMENT: Answered questions on HB 531
PREVIOUS ACTION
BILL: HB 543
SHORT TITLE: UNVENTED GAS HEATERS IN RESIDENTIAL BLDGS
SPONSOR(S): STATE AFFAIRS
JRN-DATE JRN-PG ACTION
04/19/92 (S) CRA AT 9:00 AM BUTROVICH RM 205
03/30/94 3074 (H) READ THE FIRST TIME/REFERRAL(S)
03/30/94 3074 (H) STATE AFFAIRS
04/05/94 (H) STA AT 08:00 AM CAPITOL 102
BILL: SB 220
SHORT TITLE: ADD "CAT" TO SCHEDULE IIA DRUG LIST
SPONSOR(S): SENATOR(S) ELLIS,Little; REPRESENTATIVE(S)
Navarre
JRN-DATE JRN-PG ACTION
01/03/94 2451 (S) PREFILE RELEASED 1/4/93
01/10/94 2451 (S) READ THE FIRST TIME/REFERRAL(S)
01/10/94 2451 (S) STA, JUD
02/09/94 (S) STA AT 9:00 AM BUTROVICH RM 205
02/09/94 (S) MINUTE(STA)
02/14/94 2824 (S) STA RPT CS 3DP NEW TITLE
02/14/94 2824 (S) ZERO FNS TO SB & CS PUBLISHED
(DPS, LAW)
03/14/94 (S) JUD AT 01:30 PM BELTZ ROOM 211
03/15/94 3212 (S) JUD RPT 5DP (STA)CS
03/15/94 3212 (S) PREVIOUS ZERO FNS (DPS, LAW)
03/18/94 (S) RLS AT 00:00 AM FAHRENKAMP
ROOM 203
03/18/94 (S) MINUTE(RLS)
03/24/94 3344 (S) RULES TO CALENDAR 3/24/94
03/24/94 3347 (S) READ THE SECOND TIME
03/24/94 3348 (S) STA CS ADOPTED UNAN CONSENT
03/24/94 3348 (S) ADVANCED TO THIRD READING UNAN
CONSENT
03/24/94 3348 (S) READ THE THIRD TIME CSSB
220(STA)
03/24/94 3348 (S) PASSED Y16 N- E1 A3
03/24/94 3353 (S) TRANSMITTED TO (H)
03/25/94 2959 (H) READ THE FIRST TIME/REFERRAL(S)
03/25/94 2959 (H) STATE AFFAIRS, JUDICIARY
03/25/94 2985 (H) CROSS SPONSOR(S): NAVARRE
04/05/94 (H) STA AT 08:00 AM CAPITOL 102
BILL: SB 303
SHORT TITLE: UNIFORM VOTER REGISTRATION SYSTEM
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
JRN-DATE JRN-PG ACTION
02/11/94 2792 (S) READ THE FIRST TIME/REFERRAL(S)
02/11/94 2792 (S) STA, JUD, FIN
02/11/94 2792 (S) FNS PUBLISHED (DPS, GOV,
DHSS-3, DCRA)
02/11/94 2792 (S) ZERO FISCAL NOTE PUBLISHED
(DOE)
02/11/94 2793 (S) GOVERNOR'S TRANSMITTAL LETTER
03/02/94 3027 (S) STA RPT 4NR
03/02/94 3027 (S) ZERO FN PUBLISHED (REV)
03/02/94 3027 (S) PREVIOUS FNS (DPS, GOV,DHSS-3,
DCRA)
03/02/94 3027 (S) PREVIOUS ZERO FN (DOE)
03/02/94 3038 (S) JUD REFERRAL WAIVED Y11 N9
02/22/94 (H) MINUTE(STA)
03/02/94 (S) STA AT 9:00 AM BUTROVICH RM 205
03/02/94 (S) MINUTE(STA)
03/15/94 3212 (S) FIN RPT 1DP 1DNP 5NR
03/15/94 3212 (S) PREVIOUS FNS (DPS, GOV, DHSS-3,
DCRA)
03/15/94 3212 (S) PREVIOUS ZERO FNS (DOE, DOR)
03/15/94 (S) FIN AT 08:30 AM SENATE FIN 518
03/18/94 (S) RLS AT 00:00 AM FAHRENKAMP
ROOM 203
03/18/94 (S) MINUTE(RLS)
03/28/94 3373 (S) RULES RPT 1CAL 2NR 3/28/94
03/28/94 3375 (S) READ THE SECOND TIME
03/28/94 3376 (S) ADVANCED TO THIRD READING UNAN
CONSENT
03/28/94 3376 (S) READ THE THIRD TIME SB 303
03/28/94 3376 (S) PASSED Y11 N8 E1
03/28/94 3376 (S) EFFECTIVE DATE PASSED Y19 N- E1
03/28/94 3377 (S) MILLER NOTICE OF
RECONSIDERATION
03/30/94 3415 (S) RECONSIDERATION NOT TAKEN UP
03/30/94 3416 (S) TRANSMITTED TO (H)
03/31/94 3102 (H) READ THE FIRST TIME/REFERRAL(S)
03/31/94 3103 (H) STATE AFFAIRS, FINANCE
04/05/94 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 342
SHORT TITLE: EXTEND TOURISM MARKETING COUNCIL
SPONSOR(S): REPRESENTATIVE(S) KOTT,Hudson,Ulmer
JRN-DATE JRN-PG ACTION
01/03/94 2017 (H) PREFILE RELEASED
01/10/94 2017 (H) READ THE FIRST TIME/REFERRAL(S)
01/10/94 2017 (H) L&C, STATE AFFAIRS, FINANCE
01/20/94 (H) L&C AT 03:00 PM CAPITOL 17
01/20/94 (H) MINUTE(L&C)
01/21/94 2122 (H) L&C RPT 6DP
01/21/94 2122 (H) DP: MACKIE, HUDSON, WILLIAMS,
SITTON,
01/21/94 2122 (H) DP: PORTER, GREEN
01/21/94 2122 (H) -ZERO FISCAL NOTE (DCED)
1/21/94
03/12/94 (H) STA AT 08:00 AM CAPITOL 102
03/12/94 (H) MINUTE(STA)
04/05/94 (H) STA AT 08:00 AM CAPITOL 102
BILL: HJR 63
SHORT TITLE: U.N. MEMBERSHIP REPUBLIC OF CHINA/TAIWAN
SPONSOR(S): STATE AFFAIRS
JRN-DATE JRN-PG ACTION
03/31/94 3105 (H) READ THE FIRST TIME/REFERRAL(S)
03/31/94 3105 (H) STATE AFFAIRS
04/05/94 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 531
SHORT TITLE: ELIMINATE SOME STATE MULTIMEMBER BODIES
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
JRN-DATE JRN-PG ACTION
03/11/94 2728 (H) READ THE FIRST TIME/REFERRAL(S)
03/11/94 2728 (H) STATE AFFAIRS
03/11/94 2728 (H) -7 ZERO FNS (DCRA,2-DCED,CORR,
2-DOE
03/11/94 2728 (H) DNR) 3/11/94
03/11/94 2729 (H) GOVERNOR'S TRANSMITTAL LETTER
03/29/94 (H) STA AT 08:00 AM CAPITOL 102
03/29/94 (H) MINUTE(STA)
03/31/94 (H) MINUTE(STA)
ACTION NARRATIVE
TAPE 94-43, SIDE A
Number 000
CHAIRMAN AL VEZEY called the meeting to order at 8:03 a.m.
Members present were REPRESENTATIVES G. DAVIS, OLBERG, B.
DAVIS and ULMER. A quorum was present.
The meeting is on teleconference with Anchorage, Fairbanks
and Sitka; with offnet locations in Portland, Oregon and
Arlington, Virginia.
HB 543 - UNVENTED GAS HEATERS IN RESIDENTIAL BUILDINGS
CHAIRMAN VEZEY opened HB 543 for discussion.
Number 027
MEL KROGSENG testified on her own behalf on HB 543. She
stated HB 543 was introduced because it was learned that
unvented heaters, which were once permitted, are now banned.
The 1991 Mechanical Code is now the standards basis for
heaters.
MS. KROGSENG stated the oxygen depletion system which came
about 14 years ago is now being put on unvented heaters,
thereby making them a much safer product. She noted
legislation is being introduced and implemented across the
United States to allow the installation of unvented heaters
that have passed tests for certain standards. The American
National Standards Institute (ANSI) developed the standards.
According to the U.S. Consumer Products Commission they are
a much safer product than vented heaters. This is primarily
because the vents on vented heaters are frequently
improperly installed and maintained; therefore, unvented
heaters are much safer. She stated HB 543 would be good for
the people of Alaska because the heaters are about 98
percent efficient and there would be less propane to haul
for those who regularly do. Unvented heaters are much more
cost effective because heat is not lost as it would be with
a vented system.
CHAIRMAN VEZEY brought to the committee's attention a
memorandum dated May 18, 1983, from the U.S. Consumer
Products Safety Commission (CPSC). He recognized unvented
heaters were not a revolutionary new technology. The memo
points out, in 1979, there were an estimated 130 deaths out
of an estimated 3.25 million vented heaters in use. In
1979, there were 40 deaths out of an estimated 5.25 million
unvented heaters in use. He stated these facts imply that
unvented heaters that meet the ANSI standards are safer than
vented heaters.
CHAIRMAN VEZEY moved to the Portland offnet teleconference
site.
KEITH KETTLER, MARKETING DIRECTOR, TEMPCO FIREPLACES,
supported HB 543. He began Tempco manufactures vent free
gas appliances. He stated vent free heaters are
manufactured throughout the U.S. The unvented heaters come
from an established industry and they have been manufactured
with the oxygen depletion sensor (ODS) since 1981. He noted
since 1981, 2.6 million vent free appliances equipped with
the ODS have been sold in the U.S. The ODS is a requirement
of ANSI which they are tested under. Based on data from the
CPSC, since 1981, there has never been a documented carbon
monoxide related fatality from a vent free appliance with an
ODS. He noted the vent free gas heaters manufactured in the
U.S. before 1981 were not equipped with the ODS. He stated,
"The ODS has done to the gas industry, what circuit breakers
have done to electrical safety in our homes." He expressed
CPSC determined the risk carbon monoxide poisoning is six
times higher from vented appliances, than from vent free.
Tempco does, however, also manufacture vented appliances.
MR. KETTLER referred the ANSI Z2111.2 standard which
unvented heaters are tested under. The American Gas
Association tests all of the products in accordance with
this standard. He stated the standard is written by
organizations such as the Consumers Union, International
Association of Plumbing & Mechanical Officials, underwriters
labs, National Fire Protection Association, United States
Consumer Products Safety Commission, National Safety
Council, etc... He emphasized the standard was not written
by the industry.
MR. KETTLER stated 2.6 million vent free heaters have now
sold in the U.S., and they are selling at a rate of about
300,000 a year. Every building code in the U.S., except the
one used in Alaska, allows vent free appliances. He added
when he was in Alaska in the fall of 1993, he met with
building officials in Anchorage, Kenai and Palmer. Based on
this trip, these officials have provided him with letters
that specifically allow unvented heaters as an exception to
the Uniform Mechanical Code which they adopted.
Number 221
CHAIRMAN VEZEY questioned if unvented heaters were
specifically prohibited in the Uniform Mechanical Code.
MR. KETTLER answered yes, Section 807(c) of the Uniform
Mechanical Code. He noted the building officials used
Section 105, referred to as the alternate materials clause,
that allows them to approve alternate materials that deem to
be equivalent based on suitability, effectiveness, fire
resistance and safety.
Number 243
CHAIRMAN VEZEY asked if HB 543 addresses unvented heaters
only in residential buildings.
MR. KETTLER affirmed CHAIRMAN VEZEY. Sanitariums,
hospitals, hotels, dormitories and institutional settings
are not included. Only residences.
Number 253
CHAIRMAN VEZEY stated he believed HB 543 was modifying the
Uniform Plumbing Code because fuel gas piping is considered
plumbing.
MR. KETTLER clarified he believed fuel gas piping refers to
the gas pipe that brings the gas from the meter or another
appliance, to the fireplace. He stated the Uniform
Mechanical Code (UMC) particularly addresses vent free
heaters.
Number 270
CHAIRMAN VEZEY looked up the definition of a plumbing system
under the Uniform Plumbing Code (UPC). He noted it includes
fuel gas piping, water heaters and vents. He could not find
where it states the appliance.
Number 282
MR. KETTLER explained the UMC, Section 807(c), refers to
vent free heaters not being allowed in residential
occupancies. He referred to the UPC and stated, it is used
by many regions where the UMC is also used. The UPC is
written by the International Association of Plumbing &
Mechanical Officials (IAPMO). IAPMO is a member of the ANSI
committee that writes the standard for vent free heaters as
proposed under HB 543. He believed Alaska adopted a good
building code that has not progressed with science and
technology. Being from Colorado which applies the same
uniform codes, they have been doing "truckloads" of vent
free fireplaces and heaters as an exception to the code
based on their performance record. He explained there is no
science or history to support the continued ban of an
appliance which is the most efficient and safe option on the
market today.
Number 307
CHAIRMAN VEZEY stated his questions were more directed
towards the statutes because HB 543 dealt with a more
complex area. He stated the intent is to amend the state
plumbing standards to provide that unvented gas space
heaters are allowed in residential buildings. He questioned
whether HB 543 was amending the correct statute.
Number 321
REPRESENTATIVE GARY DAVIS inquired if the ODS was in the
piping or in the furnace itself.
CHAIRMAN VEZEY answered the ODS is in the furnace itself.
Number 329
REPRESENTATIVE HARLEY OLBERG pointed out on page 1,
subparagraph 2, "state building code" means, (A) is
building standards, (B) is mechanical standards, (C) is
plumbing standards and (D) is electrical standards. He
stated HB 543 is altering (C) by adding a new subsection,
Section 2, which allows vent free heaters.
Number 336
CHAIRMAN VEZEY agreed. He wondered why HB 543 was trying to
modify the UPC, if they were actually trying to modify the
UMC.
CHAIRMAN VEZEY, due to the questions about which code should
be modified, decided HB 543 would be HELD IN COMMITTEE until
Thursday. He noted amending the UPC was fine, but the UMC
in another statute, would also need to be amended.
Number 353
REPRESENTATIVE OLBERG asked why the Department of Public
Safety (DPS) would adopt the UMC.
Number 356
CHAIRMAN VEZEY answered the DPS administers all of the
Uniform Fire Code/Building Code standards.
CSSB 220 - ADD "CAT" TO SCHEDULE IIA DRUG LIST
CHAIRMAN VEZEY opened CSSB 220 for discussion.
Number 368
SENATOR JOHNNY ELLIS, SPONSOR, addressed CSSB 220. He said,
CSSB 220 proposes to criminalize, by adding to the Schedule
IA of the list of controlled substances, a relatively new
designer drug known as methcathinone. The street name is
"CAT." He said he was shocked when he read police reports
from Michigan and Wisconsin about the trouble experienced
with CAT. He noted the designer drug bill passed 3-4 years
ago did not cover methcathinone. He emphasized CAT is
becoming a problem in the United States.
SENATOR ELLIS explained "KHOT" is a drug indigenous people
in Somalia have used in religious ceremonies and as a
recreational drug for hundreds, if not thousands of years.
He noted there was concern that some of the younger troops
of the American military might be using KHOT during the
Somalia operation.
SENATOR ELLIS stated CAT can be made in a lab very easily
from over the counter substances, like Drano and battery
acid. The recipe is relatively simple, likewise the
procedure. CAT is the illegal drug of choice in the former
Soviet Union. Police reports indicate CAT is now becoming a
problem in the Seattle area. Therefore, he expressed
concern that CAT is anywhere from a day to a year, from
being a problem in Alaska, especially since our laws are not
up to date on this subject.
SENATOR ELLIS explained CAT is more addictive than heroine
and more powerful than cocaine. He stated in previous
committees there has been no discussion of CAT not being an
appropriate drug for criminalization. He urged action on HB
543 as it has received very strong support from the
Administration in previous hearings. Linda Adams, from
Alaskans for Drug Free Youth, has testified in previous
committees. A Juneau police officer, presently unavailable,
also testified.
SENATOR ELLIS stated the passage of CSHB 220 is very
important because the demographics for CAT in Alaska are
"just perfect." He was disappointed that Alaska had not
imposed stricter penalties for the use of crack cocaine
sooner than it did when it saw the problem arising. He
stated he would hate for Alaska to make the same mistake
twice.
Number 428
CHAIRMAN VEZEY inquired if SENATOR ELLIS mentioned CAT as a
naturally occurring substance.
SENATOR ELLIS responded KHOT naturally occurred in Africa,
however, methcathinone is the manufactured equivalent.
Number 435
CHAIRMAN VEZEY inquired how easy would CAT be to make in
Alaska.
SENATOR ELLIS answered very easy, because methcathinone has
a simple recipe. CAT does not come from a plant.
Number 453
CHAIRMAN VEZEY questioned the technical spelling of CAT on
line 6.
Number 460
REPRESENTATIVE FRAN ULMER directed CHAIRMAN VEZEY to the
article from Drug Abuse Update which shows the same
spelling.
Number 463
CHAIRMAN VEZEY clarified he questioned the derivative
spelling, whereby he believed the second word should be
spelled "phenylpropanal" instead of "phenylpropan."
Number 470
SENATOR ELLIS stated MARGOT KNUTH had spoken with the people
at the lab because there had been questions as to the
spelling. He noted corrections were made, therefore a
committee substitute was prepared.
Number 474
CHAIRMAN VEZEY commented methcathinone was a very complex
chemical and he could foresee if CSHB 220 was passed into
law, a person being exonerated because the description was
incorrect.
Number 477
REPRESENTATIVE OLBERG pointed out in the packet under
enrolled HB 4103, which he assumed was a U.S. statute, the
word in question was spelled the same way. "Methylamino-1-
phenylpropan-1-one."
Number 489
CHAIRMAN VEZEY stated he believed the copy of the article
was of poor quality. He told SENATOR ELLIS he would take
his word for it. He noticed the enrollment of HB 4103 was
from the State of Michigan. He asked if it was against
federal law to distribute CAT.
SENATOR ELLIS answered he believed it was.
Number 512
MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW,
answered questions on CSSB 220. She answered it is against
federal law to distribute CAT. CSSB 220 is patterned after
the Schedule I federal list, and would be on Schedule IA in
Alaska. The specific name of CAT is copied after the
federal schedule list. She would follow up on CHAIRMAN
VEZEY's concern.
Number 522
CHAIRMAN VEZEY agreed there was plenty of time to check the
spelling. He inquired if being on the controlled substance
list, CAT would carry the same penalties under federal law
as heroine, etc...
MS. KNUTH replied correct.
Number 527
CHAIRMAN VEZEY asked the advantage of making CAT a violation
of state law.
Number 529
MS. KNUTH answered if the offense takes place within Alaska,
the state is expected to deal with it. The federal
government only becomes involved with importations and
matters of crossing state boundaries. If CAT was not dealt
with in state law, Alaska will not have any control.
Number 534
CHAIRMAN VEZEY commented the feds do not care if Alaska uses
it or not. They only care if it is imported.
MS. KNUTH responded the federal governments' enforcement
jurisdiction with cocaine, for example, is a violation of
federal law. However, at a local level, Alaska does not
have federal prosecutions for possession or distribution
unless there is a certain quantity, whereby they get
involved. She stated there are multiple layers of
governmental enforcement when controlled substances are
involved.
Number 544
REPRESENTATIVE BETTYE DAVIS moved to move CSHB 220 from
committee with individual recommendations and attached zero
fiscal note.
CHAIRMAN VEZEY asked the committee secretary to call the
roll.
IN FAVOR: REPRESENTATIVES VEZEY, ULMER, B. DAVIS, G.
DAVIS, OLBERG.
ABSENT: REPRESENTATIVES KOTT, SANDERS.
MOTION PASSED
CHAIRMAN VEZEY called for a recess at 8:40 a.m. The meeting
resumed at 8:46 a.m.
SB 303 - UNIFORM VOTER REGISTRATION SYSTEM
CHAIRMAN VEZEY opened SB 303 for discussion. He stated SB
303 is sponsored by the House Rules Committee, by request of
the governor.
Number 565
LAURA GLAISER, ADMINISTRATIVE CODE COORDINATOR, LIEUTENANT
GOVERNOR'S OFFICE, addressed SB 303.
Number 566
CHAIRMAN VEZEY stated the 1993 National Voter Registration
Act (NVRA) only applies to federal elections. He clarified
the administration does not want to maintain a two tier
voter registration system.
MS. GLAISER affirmed CHAIRMAN VEZEY.
Number 576
CHAIRMAN VEZEY asked the penalties for failure to comply
with the NVRA.
MS. GLAISER directed CHAIRMAN VEZEY to the attorney
general's opinion in the packet. She quoted, "The United
States Department of Justice and various interest groups
have indicated an intent to vigorously pursue all available
legal remedies if the state fails to implement the Act to
their satisfaction." She added Alaska has been threatened
with a lawsuit by the Department of Justice. She stated
because Alaska is a voting rights act state, [we] believe it
will be a "red flag" if Alaska does not turn in its change
of laws to bring itself into compliance. They will look for
Alaska's changes.
Number 587
CHAIRMAN VEZEY asked, if they sued Alaska, what would be the
outcome.
Number 588
MS. GLAISER replied the concern of the Administration and
she believed REPRESENTATIVE ULMER as well, is that our
chances for being successful in court were not very good.
If in fact the state does lose, they were concerned the
federal courts would ask for the implementation laws much
more stringent.
MS. GLAISER commented Alaska has met the spirit of the NVRA,
and they believe with an 80 percent voter registration
within Alaska that we are already doing a good job. She
believed Alaska's election laws are clean, but a few changes
need to be made. SB 303 makes those simple changes to bring
Alaska into compliance with the NVRA.
Number 597
CHAIRMAN VEZEY clarified if the government were to take
Alaska to court the only area they could address would be
voting in federal elections.
Number 600
MS. GLAISER said correct.
Number 601
CHAIRMAN VEZEY inquired why other agencies were not asked to
submit a fiscal note on SB 303.
MS. GLAISER responded it was very clear in SB 303 as to
which agencies would be named; therefore, those agencies
that knew they would not be named felt no reason to submit a
fiscal note.
Number 608
CHAIRMAN VEZEY asked what all the fiscal notes added up to.
MS. GLAISER answered $149,400.
Number 612
CHAIRMAN VEZEY clarified $149,400 was per year with
escalation. He asked what the penalty would be for
violating the NVRA.
Number 613
MS. GLAISER responded, in discussions with Department of
Justice and the Federal Election Commission, they only
explained the lawsuit and how they force Alaska into
compliance. Each letter of the NVRA would have to be met.
She could not answer as to what the cost to Alaska would be.
Number 618
CHAIRMAN VEZEY asked for a sectional analysis.
Number 620
MS. GLAISER stated Section 2 is to comply with Section 5(d),
NVRA, which "requires states to allow a change of address
form for a driver's license to serve as a change of address
form for voter registration." People are now allowed to
notify the director, in writing, of a change of voting
residence.
Number 630
CHAIRMAN VEZEY stated from his interpretation, if the
address is changed on a driver's license, then the Division
of Elections would get that information and change the
address on the voter registration.
MS. GLAISER replied correct, but in addition, rather than
filling out a complete voter registration application, only
notification by writing is required.
Number 639
CHAIRMAN VEZEY inquired if this was the section requiring
that a change of driver's license address serve as a change
of address for voter registration.
MS. GLAISER answered in this particular section, no.
Number 645
CHAIRMAN VEZEY asked what information would be required on
the letter sent in.
MS. GLAISER responded the previous address and the new
address. She clarified because the NVRA the state can no
longer require witnessing or an affidavit. Executing an
affidavit on a form provided is removed from law. She noted
this law already needs to be corrected because the language
to "execute an affidavit" is incorrect. The state requires
witnessing.
Number 654
CHAIRMAN VEZEY asked for the definition of affidavit MS.
GLAISER was using.
MS. GLAISER answered an affidavit is that which is described
in Section 9 of statute. She was not familiar with the
legal definition.
MS. GLAISER outlined Section 3. The summary states, "People
convicted of felonies involving moral turpitude under state
or federal law may not vote in state, federal, or municipal
elections." Current statute provides for cancellation of
voter registration for persons convicted of felonies only
under state law. With SB 303, Alaska will be noticed
through the federal courts of those people convicted of
felonies in federal court so they can also be removed.
Currently, a person serving time for a federal felony could
vote absentee because the state does not have records of
federal felons.
Number 668
CHAIRMAN VEZEY asked if she knew of any of those instances
happening.
MS. GLAISER responded, no. Section 4 permits voter
registration by mail by adding the language "or through a
voter registration agency."
Number 680
REPRESENTATIVE OLBERG clarified this change would mean the
state would not know whether that person exists or not.
MS. GLAISER replied correct, if the registration comes
through the mail.
REPRESENTATIVE OLBERG stated the registration did not have
to be notarized or witnessed.
MS. GLAISER replied correct, witnessing or formal
authentication can no longer be required.
TAPE 94-43, SIDE B
Number 010
CHAIRMAN VEZEY clarified anyone could send in their voter
registration by mail and be registered. Identification at
the polls would be required.
MS. GLAISER said that was correct.
Number 021
REPRESENTATIVE OLBERG interjected unless the person voted
absentee. He stated the committee designated this section
the "Chicago provision" last time it was discussed.
Number 032
REPRESENTATIVE ULMER asked to go work through the internal
process the Division of Elections has, or will have, that
might quell concerns people have about the "Chicago
provision." She asked if there were cross checks done
possibly with the permanent fund dividend list or social
security numbers.
Number 050
MS. GLAISER stated signatures are verified on an absentee
ballot and regulations will have to be implemented to
provide further checks. She emphasized if someone is
willing to register dead people, they will find two
witnesses to do it presently. The current voter
registration form only asks that the witnesses sign their
name. She noted there is no request to print the name
underneath, or state a social security number. With current
practice, there is no way to verify the witnesses are true
and real. She stated the crime is to sign your name
falsely. The witnesses are not committing a crime.
MS. GLAISER continued the sectional analysis with Section 5.
Section 5 "designates the following state agencies as voter
registration agencies:
1) Division of Motor Vehicles
2) Division of Health & Social Services that provide
public assistance through the food stamp program,
Medicaid, Special Supplemental Food Program for Women,
Infants, and Children (WIC), and Aid to Families With
Dependent Children (AFDC) program.
3) Community & Regional Affairs/Division of Municipal
and Regional Assistance
4) All recruitment offices of the Armed Forces of the
United States located in Alaska
5) State-funded agencies that primarily provide
services to persons with disabilities
6) Other agencies that may include: other state and
local agencies, federal and nongovernmental with
agreement from offices"
MS. GLAISER noted the only addition to the federal law was
the addition of Community & Regional Affairs. This was
suggested because other states are being required to have
bilingual voter registration forms. Therefore, since
Alaska's language differences are oral and not written, they
felt people could be helped who may have oral difficulties
in registering to vote and having their questions answered.
MS. GLAISER addressed Section 6. Section 6 "removes
reference to consideration by the director of elections of
witnessing of an application for voter registration by mail
in determining the validity of applications from certain
residents of single-precinct municipalities or established
villages." Technical change. She noted many registrations
are now sent back simply because someone fails to get a
witness.
Number 149
CHAIRMAN VEZEY inquired if witnessing was interpreted as a
form of notarization.
MS. GLAISER answered no, the phrase is "or other formal
authentication." Witnessing is defined as formal
authentication.
MS. GLAISER continued with Section 7. Section 7 allows the
director to adopt regulations to implement the requirements
of the NVRA. The storing of confidential reports that are
taken in voter registration agencies will be defined through
the regulatory process. She noted (b), in registering by
mail, adds "voter registration agencies" to those who will
furnish forms at no cost to the voter.
Number 187
CHAIRMAN VEZEY clarified his interpretation as NVRA requires
for federal elections that the state force voter
registration forms on individuals, and not ask.
MS. GLAISER responded the registration at the Department of
Motor Vehicles must be simultaneous, therefore a form will
be filled out for voter registration at the same time the
form for the driver's license will be. If that person
chooses to not sign the voter registration form it is
considered a declination. In other agencies such as C&RA, a
formal declination voter registration will have to be
signed. This response is kept confidential.
Number 208
CHAIRMAN VEZEY asked how the information would be
transferred to the Division of Elections (DOE).
MS. GLAISER answered electronically.
Number 211
CHAIRMAN VEZEY asked if the DMV database would be tied into
the DOE database.
MS. GLAISER said, yes.
CHAIRMAN VEZEY stated currently DMV is very restrictive on
access to its database. He asked if DMV records would
become readily accessible public record.
Number 219
MS. GLAISER answered the information transferred to the DOE
is only theirs, and the records will only be as accessible
as they are now.
Number 225
CHAIRMAN VEZEY questioned if all the software and
transmission facilities were going to be engineered for
$90,000, as shown on the fiscal note.
Number 233
MS. GLAISER responded she was not familiar with the
negotiations between the DMV and DOE; however, they have
worked very hard to help come into compliance. She could
not account for the cost.
Number 241
CHAIRMAN VEZEY clarified the other agencies will have a
paper form. Procedure not electronic.
MS. GLAISER affirmed CHAIRMAN VEZEY. The cost of the forms
is provided through the DOE.
Number 247
REPRESENTATIVE ULMER submitted the information DOE and DMV
needs is already similar. She felt the process would not be
too complicated.
Number 254
MS. GLAISER pointed out some states already have this split
screen ability. These states were present at the forum she
attended and they stated the process was very simple.
MS. GLAISER addressed Section 8. Section 8 includes voting
after change of name, registration and amendment or transfer
of registration. Section 8 removes the language [for
failure to vote in prior elections], the voter shall re-
register and the registration is effective for the next
election that occurs at least [may not be made later than]
30 days after registration [preceding an election]. This
change brings the state into compliance with Section 8(b)(2)
of the NVRA.
Number 280
CHAIRMAN VEZEY clarified there will be no purging of records
due to failure to vote.
Number 282
MS. GLAISER corrected there will be; however, the DOE will
notice a person. For example, if a person registered to
vote January 2, 1990, the person would be sent a purge
notice in January 1992 if he/she had not voted. The person
must then have respond within ninety days; failure to do so
would inactivate them. She noted there would have been a
primary, general and possibly a municipal election before
the 1992 purge notice. Once a person is inactivated he/she
is still in the master computer system, but no longer on the
precinct list. The person remains there until 1995, at
which time they are dropped.
Number 297
CHAIRMAN VEZEY clarified there is five years. He had
thought three.
Number 300
MS. GLAISER stated the first purge notice would ask the
person to respond before the next primary. Any effort to
participate as a voter of the state would bring an inactive
person to the current list. If the person does not respond
to the fist notice, he/she will not be dropped from the
master list until after the second general election, 1997.
This suits NVRA.
Number 335
CHAIRMAN VEZEY clarified the drop year would now be 1997
instead of 1995, leaving the person on either the precinct
or master list for seven years. He questioned if federal
law requires a seven year purge system.
Number 339
MS. GLAISER directed to the definition of "general" and
"primary." She affirmed CHAIRMAN VEZEY.
Number 343
REPRESENTATIVE OLBERG clarified at the of six years, if this
person signs a petition, they would be on the list for 13
years.
MS. GLAISER replied correct. The process repeats.
Number 349
CHAIRMAN VEZEY clarified if they went to a polling place
they would not be on the registration list.
MS. GLAISER affirmed CHAIRMAN VEZEY.
Number 352
CHAIRMAN VEZEY stated they would vote a question ballot.
Number 353
MS. GLAISER said correct. She noted the other concern in
the NVRA was the "fail safe" program. Alaska is ahead
because it has question ballots, whereby those not on a
precinct list are still counted because they are on a master
list.
MS. GLAISER addressed Section 9. Section 9 changes the
negative connotations in current law regarding the word
"cancelled." The language added, voters whose registration
are not inactive and all voters whose names are required to
be placed on the list by AS 15.07.070(c) and (d). She noted
the language in current statute gives a cutoff date for when
DOE is supposed to be adding names. Therefore, if DOE
receives applications now, they can add them to the list up
until the computer time frame cuts off for printing. DOE
would now be able to add names a lot longer. She explained
the 30 day cutoff was increasing the chance for question
ballots.
MS. GLAISER stated Section 10 deals with voter list
maintenance. Section 10 explains the inactive list due to
lack of voting. She noted the change with 30 days and
calendar years is to make the language consistent.
Paragraph (c), Section 10, substitutes bureau for [office]
of vital statistics. Paragraph (d), Section 10, describes
the notice that will be sent as defined in NVRA, Section
8(d)(2). She pointed out the seven year process is gained
through Section 10(d)(3) of SB 303.
MS. GLAISER stated Section 11 adds the director is
responsible for the coordination of state responsibilities
under 42 U.S.C. 1993 (National Voter Registration Act of
1993.) The director will be responsible for the reporting
required by the Federal Election Commission, coordination of
the statistics available through H&SS and DMV.
MS. GLAISER stated Section 12 is changed to read, (b) A
person whose registration is inactive [has been cancelled]
and who votes a questioned or absentee ballot shall have
either ballot counted if...
Number 427
CHAIRMAN VEZEY asked why "cancelled" needed to be changed to
"inactive." A person who is cancelled cannot vote.
Number 430
MS. GLAISER replied correct. The people who are inactive
are on the master list; therefore a question ballot can be
checked against it. They used to be dropped.
Number 432
CHAIRMAN VEZEY clarified being inactive, does not mean they
have already been cancelled.
Number 434
MS. GLAISER agreed. The law is being changed because NVRA
says the state cannot just cancel due to lack of voting.
This pertains to voters not on an official registration
list.
Number 441
CHAIRMAN VEZEY inquired what would happen to people whose
registration has been cancelled. Would they vote also?
MS. GLAISER answered, no. The person has to be registered
to vote for the two most recent general elections, which
would move them back on the list and they would only be
inactive.
Number 457
CHAIRMAN VEZEY asked what happens to those who are
cancelled. He clarified a person would not stay on the
voter registration list in perpetuity.
MS. GLAISER agreed, however, she was not familiar with the
whole section so she could not answer the question.
MS. GLAISER stated Section 13 defines the voter registration
agency as an agency designated in or under AS 15.07.055.
MS. GLAISER stated Section 14 adds the division of motor
vehicles shall serve as a voter registration agency to the
extent required by state and federal law, including the NVRA
and there will be simultaneous application for voter
registration and driver's licenses, identifications, and
registrations.
MS. GLAISER stated Section 15 defines those sections within
H&SS that shall comply with the NVRA.
MS. GLAISER stated Section 16 states C&RA will act as a
voter registration agency and will receive applications.
MS. GLAISER stated Section 17 allows the director of DOE to
proceed to adopt regulations to implement to the changes in
the NVRA.
Number 491
CHAIRMAN VEZEY noticed SB 303 has an immediate effective
date. He questioned the two-thirds vote from both houses.
He inquired how the Senate voted.
MS. GLAISER answered the Senate voted unanimous for the
effective date.
Number 499
CHAIRMAN VEZEY inquired about the possibility of a dual
system. He stated Alaska's current registration system is
legal by all standards for state electives. He commented if
Alaska were to adopt the South Dakota standard for federal
elections it would eliminate $140,000 a year in expenses.
MS. GLAISER responded the NVRA said Alaska had to be in
compliance before it was signed into law by the President.
Therefore, we could not go back and make changes and then be
in compliance. She stated the Federal Election Commission
and Department of Justice were very clear that any changes
made now would not be viewed as bringing Alaska into
compliance. A state is exempted only if its law was in
effect continuously on and after March 11.
CHAIRMAN VEZEY commented Alaska was trying to get exempt.
REPRESENTATIVE OLBERG clarified CHAIRMAN VEZEY's question
for MS. GLAISER. He questioned why the South Dakota system
cannot be used for federal elections only.
Number 526
MS. GLAISER answered Alaska would have to implement a dual
system, whereby Alaska could require witnessing, but it
would still have to come into compliance with NVRA. It
would require two registration forms to be signed and a two
different databases.
Number 531
CHAIRMAN VEZEY commented the extreme example of a dual
system would be the existing state system with a totally
wide open federal elections systems, such as that in South
Dakota. Anyone who goes into a poll can vote in a federal
election. He asked if this would bring Alaska into
compliance.
MS. GLAISER answered no, because South Dakota had its system
in place before March 11. Changing Alaska's state law for a
federal election does not meet the intent of the NVRA.
Number 537
REPRESENTATIVE ULMER clarified there were certain types of
procedures that had to previously been in place, such as the
South Dakota system. She added there probably is a way to
structure a dual system, not using South Dakota. She
questioned if this would not be much more expensive than SB
303 proposes. She felt a dual system would be much more
time consuming and complex.
Number 550
MS. GLAISER agreed. A dual system could be set up, but it
would mean an increase to the current $242,000 contract with
Department of Administration which maintains only one
system. The registration program would have to be redone
for an estimated cost of $300,000 to $400,000. She
emphasized no state in the union is setting up a dual system
because of cost and confusion to voters. Other states need
to make greater changes than Alaska does.
Number 567
CHAIRMAN VEZEY stated, from his interpretation, NVRA
mandates there be a registration system to meet its
standards.
MS. GLAISER replied if the state had no registration system
prior to March 11, 1993, the state would be exempt. Being
able to simply walk into a poll and vote, it does not hinder
a person from registering to vote. Some states' voter
registration systems do hinder people to vote; therefore,
NVRA tries to make it very simple to register to vote. No
structure is already simple.
Number 584
CHAIRMAN VEZEY clarified the system cannot be opened.
MS. GLAISER replied, from the Department of Justice,
correct.
(REPRESENTATIVE KOTT joined the meeting at 9:34 a.m.)
Number 588
REPRESENTATIVE OLBERG interjected opening the system is
exactly what SB 303 is doing. SB 303 is changing Alaska's
system which did not exist prior to March 11, 1993. He
believed MS. GLAISER was saying that Alaska cannot just let
anyone who comes to the polls vote.
Number 593
MS. GLAISER responded this was the direction from the
Department of Justice. She explained they cannot promise
the passage of SB 303 would be enough or that they will not
still take the state to court. She could not guarantee that
changing to the South Dakota system now would prevent the
state from being sued. The option was to implement the
changes provided for in SB 303.
Number 603
CHAIRMAN VEZEY stated he would like to hear more about a
possible dual system to avoid spending an extra $140,000 a
year. He noted if Alaska allowed anyone to vote in a
federal election, he did not see how it could be in
violation of a law, in terms of restricting a person's right
to vote.
Number 609
REPRESENTATIVE OLBERG clarified there was no guarantee the
proposed changes by SB 303 would suit the Department of
Justice.
MS. GLAISER answered correct. With the most stringent
interpretation of NVRA they could still find something
wrong. She believed the spirit of NVRA would be met by SB
303, and with its passage, Alaska would have a case because
it registers through the permanent fund dividend program, it
has 80 percent registration, and there was very high turn
out in 1992. The Department of Justice would not review the
draft of SB 303.
Number 620
CHAIRMAN VEZEY said to REPRESENTATIVE OLBERG that Alaska is
one of the federal government requires pre-clearance of
voter laws. SB 303 could not be implemented until it was
cleared by the Department of Justice.
Number 624
REPRESENTATIVE ULMER noted that Section 4 of the NVRA in the
packets, clarifies who it does not apply to. She stated
NVRA does not apply to states that did not have a
registration system before March 11, 1993. She emphasized
there was no provision that says if a state that later makes
those changes would be exempt. Therefore, that is why the
Department of Justice could not answer Alaska's questions.
She noted NVRA gives the states until January 1, 1995, to
comply.
MS. GLAISER commented she would try to get more information
for Thursday.
CHAIRMAN VEZEY held SB 303 in committee.
HB 342 - EXTEND TOURISM MARKETING COUNCIL
CHAIRMAN VEZEY opened HB 342. He noticed HB 342 passed from
the Labor & Commerce Committee with unanimous do pass
recommendations. He stated there had been considerable
testimony in 1993 on a similar bill. He noted HB 342 would
extend the Alaska Tourism Marketing Council until December
30, 1998.
Number 658
REPRESENTATIVE ULMER moved to pass HB 342 from committee
with individual recommendations, asking unanimous consent.
Number 664
CHAIRMAN VEZEY asked the committee secretary to call the
roll.
IN FAVOR: REPRESENTATIVE VEZEY, KOTT, ULMER, B. DAVIS,
G. DAVIS, OLBERG.
ABSENT: REPRESENTATIVE SANDERS.
MOTION PASSED
HJR 63 - UNITED NATIONS MEMBERSHIP FOR THE REPUBLIC OF
CHINA/TAIWAN
CHAIRMAN VEZEY opened HJR 63 for discussion.
Number 674
REPRESENTATIVE PETE KOTT commented his wife from Taiwan, had
meant to join the committee to testify. He conveyed for her
that HJR 63 was a very good idea and they should be
readmitted. He believed they have proven themselves
politically and economically. They would be providing
themselves as an example to other nations as to what to do,
rather than what not to do. He stated they are recognized
as a powerhouse.
Number 686
CHAIRMAN VEZEY pointed out HJR 63 states they are the 20
largest economy in the world.
Number 691
REPRESENTATIVE ULMER added, when she was mayor of Juneau,
she had the opportunity to visit Taiwan as part of a group.
She was very well treated and impressed by the schools,
health care facilities, art and industry. She noted they
had a very positive attitude toward the United States and
they wanted to develop a positive relationship.
TAPE 94-44, SIDE A
Number 002
REPRESENTATIVE KOTT moved to pass HJR 63 from committee with
individual recommendations with attached zero fiscal note,
asking unanimous consent.
Number 005
CHAIRMAN VEZEY asked the committee secretary to call the
roll.
IN FAVOR: REPRESENTATIVES VEZEY, KOTT, ULMER, B. DAVIS,
G. DAVIS, OLBERG.
ABSENT: REPRESENTATIVE SANDERS.
MOTION PASSED
HB 531 - ELIMINATE SOME MULTIMEMBER BODIES
CHAIRMAN VEZEY, under bills previously heard, opened HB 531
for discussion. He noted the committee had received the
committee substitute which incorporates the amendment put
forth by REPRESENTATIVE ULMER. The amendment provides,
"Artifacts, natural history specimens, art objects,
collections or other items, materials, or properties that
relate to the history of Alaska and are appropriate for
preservation in the state museum of a value of $5,000
[$1,000] or more, may not be acquired by purchase, gift or
exchange,...without the written approval of the committee."
He repeated from the last meeting that he had suggested
$10,000.
Number 079
REPRESENTATIVE OLBERG stated he thought HB 531 was deciding
whether or not the committee would exist.
CHAIRMAN VEZEY replied that was in the original HB 531. The
committee adopted this amendment on Thursday.
Number 097
REPRESENTATIVE ULMER clarified other than changing the
threshold from $1,000 to $5,000, reducing the amount of
questions that had to be presented to the committee, the
amendment stated the committee would never have to have a
face to face meeting. The meetings may be by
teleconference, thereby saving the travel expense. The
amendment clarifies the committee reviews "acquisitions and
deaccessions," as opposed to every general thing.
CHAIRMAN VEZEY noted there had been debate as to whether the
correct word to use was "disposition" or "deaccession."
Number 126
GEORGE SMITH, DEPUTY DIRECTOR, DIVISION OF LIBRARIES,
ARCHIVES & MUSEUMS, DEPARTMENT OF EDUCATION, answered
questions on HB 531. He clarified the correct wording would
be "deaccessioning," meaning to withdraw an artifact or
other piece of art, from a collection in a formal matter.
CHAIRMAN VEZEY stated that copies of the committee
substitute would be distributed to committee members for
discussion on Thursday. HB 531 was HELD IN COMMITTEE.
Number 160
ADJOURNMENT
CHAIRMAN VEZEY, hearing no more business before the
committee, adjourned the meeting at 9:55 a.m.
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