04/08/2004 08:07 AM House STA
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= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 8, 2004                                                                                          
                           8:07 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bruce Weyhrauch, Chair                                                                                           
Representative Jim Holm, Vice Chair                                                                                             
Representative John Coghill                                                                                                     
Representative Paul Seaton                                                                                                      
Representative Ethan Berkowitz                                                                                                  
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bob Lynn                                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 523                                                                                                              
"An   Act   relating   to   qualifications   of   voters,   voter                                                               
registration,  voter residence,  precinct boundary  modification,                                                               
recognized political parties,  voters unaffiliated with political                                                               
parties, early  voting, absentee voting, ballot  counting, voting                                                               
by  mail, initiative,  referendum, recall,  and definitions;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE CONCURRENT RESOLUTION NO. 26                                                                                              
Relating to investments  in Alaska by corporate  America in which                                                               
the permanent fund invests.                                                                                                     
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
CS FOR SENATE BILL NO. 309(JUD) am                                                                                              
"An Act relating  to testing the blood of prisoners  and those in                                                               
custody for bloodborne pathogens."                                                                                              
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 239                                                                                                              
"An Act  directing the Department  of Public Safety  to establish                                                               
an Internet-based identification and  tracking system relating to                                                               
controlled  substances that  are  prescribed for  human use;  and                                                               
relating to the manner in which prescriptions for controlled                                                                    
substances may be filled by a pharmacist."                                                                                      
                                                                                                                                
     - BILL HEARING POSTPONED                                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 523                                                                                                                  
SHORT TITLE:VOTERS/VOTING/POLITICAL PARTIES/ELECTIONS                                                                           
SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR                                                                                      
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/26/04     2748       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/26/04     2748       (H)        STA, JUD, FIN                                                                                
02/26/04     2748       (H)        FN1: ZERO(LAW)                                                                               
02/26/04     2748       (H)        FN2: (GOV)                                                                                   
02/26/04     2748       (H)        GOVERNOR'S TRANSMITTAL LETTER                                                                
04/08/04                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: HCR 26                                                                                                                  
SHORT TITLE:PFUND: ENCOURAGE INVESTMENTS IN ALASKA                                                                              
SPONSOR(S): REPRESENTATIVE(S) WOLF                                                                                              
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
01/20/04     2340       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
01/20/04     2340       (H)        STA                                                                                          
04/08/04                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: SB 309                                                                                                                  
SHORT TITLE:BLOOD PATHOGENS TESTING OF PRISONERS                                                                                
SPONSOR(S): SENATOR(S) WAGONER                                                                                                  
                                                                                                                                
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/09/04     2114       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/09/04     2114       (S)        STA, JUD                                                                                     
03/04/04                (S)        STA AT 3:30 PM BELTZ 211                                                                     
03/04/04                (S)        Moved SB 309 Out of Committee                                                                
03/04/04                (S)        MINUTE(STA)                                                                                  
03/05/04     2428       (S)        STA RPT 3DP                                                                                  
03/05/04     2428       (S)        DP: STEVENS G, COWDERY,                                                                      
                                   STEDMAN                                                                                      
03/05/04     2428       (S)        FN1: ZERO(COR)                                                                               
03/17/04     2536       (S)        JUD RPT CS 4DP SAME TITLE                                                                    
03/17/04     2537       (S)        DP: SEEKINS, FRENCH, OGAN,                                                                   
                                   THERRIAULT                                                                                   
03/17/04     2537       (S)        FN1: ZERO(COR)                                                                               
03/17/04                (S)        JUD AT 8:00 AM BUTROVICH 205                                                                 
03/17/04                (S)        Moved CSSB 309(JUD) Out of                                                                   
                                   Committee                                                                                    
03/17/04                (S)        MINUTE(JUD)                                                                                  
03/19/04     2569       (S)        RULES TO CALENDAR 3/19/2004                                                                  
03/19/04     2569       (S)        READ THE SECOND TIME                                                                         
03/19/04     2569       (S)        JUD CS ADOPTED UNAN CONSENT                                                                  
03/19/04     2569       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
03/19/04     2570       (S)        READ THE THIRD TIME CSSB
                                   309(JUD)                                                                                     
03/19/04     2570       (S)        RETURN TO SECOND FOR AM 1                                                                    
                                   UNAN CONSENT                                                                                 
03/19/04     2570       (S)        AM NO 1 ADOPTED UNAN CONSENT                                                                 
03/19/04     2570       (S)        AUTOMATICALLY IN 3RD READING                                                                 
03/19/04     2570       (S)        PASSED Y18 N- E2                                                                             
03/19/04     2570       (S)        WAGONER NOTICE OF                                                                            
                                   RECONSIDERATION                                                                              
03/19/04     2577       (S)        COSPONSOR(S): DYSON                                                                          
03/22/04     2604       (S)        RECON TAKEN UP - IN THIRD                                                                    
                                   READING                                                                                      
03/22/04     2604       (S)        RETURN TO SECOND FOR AM 2                                                                    
                                   UNAN CONSENT                                                                                 
03/22/04     2604       (S)        AM NO 2 ADOPTED UNAN CONSENT                                                                 
03/22/04     2604       (S)        AUTOMATICALLY IN THIRD                                                                       
                                   READING ON RECON                                                                             
03/22/04     2604       (S)        PASSED ON RECONSIDERATION Y19                                                                
                                   N- E1                                                                                        
03/22/04     2604       (S)        COSPONSOR(S): LINCOLN                                                                        
03/22/04     2607       (S)        TRANSMITTED TO (H)                                                                           
03/22/04     2607       (S)        VERSION: CSSB 309(JUD) AM                                                                    
03/24/04     3043       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/24/04     3043       (H)        STA, JUD                                                                                     
04/08/04                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LAURA GLAISER, Director                                                                                                         
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on behalf of the division during                                                                 
the hearing on HB 523.                                                                                                          
                                                                                                                                
REPRESENTATIVE KELLY WOLF                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as sponsor of HCR 26.                                                                            
                                                                                                                                
SENATOR TOM WAGONER                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as sponsor of HCR 26.                                                                            
                                                                                                                                
PORTIA PARKER, Deputy Commissioner                                                                                              
Office of the Commissioner - Juneau                                                                                             
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of SB 309.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-58, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  BRUCE WEYHRAUCH  called the  House State  Affairs Standing                                                             
Committee meeting  to order at  8:07 a.m.   Representatives Holm,                                                               
Seaton,  Coghill, Gruenberg,  and Weyhrauch  were present  at the                                                               
call to order.   Representative Berkowitz arrived  as the meeting                                                               
was in progress.                                                                                                                
                                                                                                                                
HB 523-VOTERS/VOTING/POLITICAL PARTIES/ELECTIONS                                                                              
                                                                                                                                
[Contains discussion of HB 414.]                                                                                                
                                                                                                                                
Number 0070                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that the  first order of  business was                                                               
HOUSE  BILL  NO.  523,  "An Act  relating  to  qualifications  of                                                               
voters,  voter registration,  voter residence,  precinct boundary                                                               
modification, recognized  political parties,  voters unaffiliated                                                               
with  political parties,  early voting,  absentee voting,  ballot                                                               
counting,  voting by  mail, initiative,  referendum, recall,  and                                                               
definitions; and providing for an effective date."                                                                              
                                                                                                                                
CHAIR WEYHRAUCH  announced that he  would be leaving  [soon after                                                               
the start  of the  meeting]; therefore, he  would be  handing the                                                               
gavel over to Representative Holm.                                                                                              
                                                                                                                                
Number 0075                                                                                                                     
                                                                                                                                
LAURA  GLAISER, Director,  Division of  Elections, Office  of the                                                               
Lieutenant  Governor, noted  that there  is a  sectional analysis                                                               
[in the committee packet].  In  response to a question from Chair                                                               
Weyhrauch, she  clarified that the sectional  analysis relates to                                                               
the committee  substitute (CS) for HB  523, [Version 23-GH2021\H,                                                               
Kurtz, 4/7/04].  She remarked that  the title of the bill is kind                                                               
of a sponsor statement in  itself; therefore, she did not provide                                                               
one for the committee.                                                                                                          
                                                                                                                                
Number 0201                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  suggested   Ms.  Glaiser  address  the                                                               
definition of political party.                                                                                                  
                                                                                                                                
MS. GLAISER directed  the committee's attention to  Section 42 of                                                               
the bill, which defines political party as follows:                                                                             
                                                                                                                                
     *Sec. 42. AS 15.60.010(21) is amended to read:                                                                           
               (21)  "political party" means an organized                                                                       
     group  of voters  that represents  a political  program                                                                    
     and  that either  nominated a  candidate for  statewide                                                                
     office [GOVERNOR] at the  preceding general election or                                                                
     has registered voters  in the state equal  in number to                                                                    
     at  least three  percent of  the total  votes cast  for                                                                    
     governor at  the preceding general election  at which a                                                                
     governor was elected;                                                                                                  
                                                                                                                                
MS.  GLAISER  noted that  "statewide  office"  is identified  as:                                                           
governor,   lieutenant   governor,   U.S.   Senator,   and   U.S.                                                               
Representative.   Current  law,  she reviewed,  says  that the  3                                                               
percent is based on the governor's  race.  She explained that Jim                                                               
Sykes  argued that  he garnered  approximately 7  percent in  the                                                               
[U.S.]  Senate race,  so "he  wanted  a different  marker."   She                                                               
indicated that [Section  42] was the division's  proposal to deal                                                               
with a lawsuit that resulted because of this issue.                                                                             
                                                                                                                                
Number 0346                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON posed  the  following scenario:   A  party                                                               
nominates  someone for  governor and  obtains "15  percent," thus                                                               
[qualifying as] a  political party.  Two years  later, the person                                                               
running  for that  party only  receives 2  percent.   He surmised                                                               
that the party  would then cease to exist  until another election                                                               
at which it nominates someone who receives over 3 percent.                                                                      
                                                                                                                                
MS. GLAISER said she couldn't  respond because she hasn't "looked                                                               
at it that  way."  She explained, "We were  trying to address the                                                               
judge's concerns in that lawsuit."                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON  opined that so  much work was done  on the                                                               
language in  [HB 414]  so that  [the previously  stated scenario]                                                               
wouldn't happen.                                                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG  suggested the committee could  take the                                                               
applicable section from HB 414 and [apply it to HB 523].                                                                        
                                                                                                                                
MS. GLAISER  responded that  the division  would have  no problem                                                               
implementing that.                                                                                                              
                                                                                                                                
Number 0536                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to  adopt the committee substitute                                                               
(CS) for  HB 523, Version  23-GH2021\H, Kurtz, 4/7/04, as  a work                                                               
draft.                                                                                                                          
                                                                                                                                
Number 0549                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  objected for  discussion purposes.   He                                                               
inquired  as to  the  difference between  the  original bill  and                                                               
Version H.                                                                                                                      
                                                                                                                                
MS.  GLAISER  reiterated  that  the changes  are  listed  in  the                                                               
sectional analysis.                                                                                                             
                                                                                                                                
Number 0623                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  mentioned a  confidentiality  section.                                                               
He  asked, "Is  this information,  even though  it's not  open to                                                               
public   inspection,  ...   available   to   the  Child   Support                                                               
Enforcement Division?"                                                                                                          
                                                                                                                                
MS. GLAISER  said she  could check  that out.   She  continued as                                                               
follows:                                                                                                                        
                                                                                                                                
     This has  been a policy  of the Division  of Elections,                                                                    
     but we've  had requests  lately for copies  of people's                                                                    
     records with  their signature.  And  when someone asked                                                                    
     me that question, it ...  gave me some concern, because                                                                    
     we talk  about theft of  identity.  And handing  over a                                                                    
     signature -  that's what warranted this  discussion and                                                                    
     the addition to the bill.                                                                                                  
                                                                                                                                
     The policy  of the  division has  always been  to share                                                                    
     with other  agencies, and  there's usually  a signature                                                                    
     that's  involved from  somebody from  an agency  with a                                                                    
     request; but I'd be happy  to check with the Department                                                                    
     of Law to make sure that that's still available.                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG  requested that Ms.  Glaiser do so.   He                                                               
mentioned a bill  heard recently in the  House Judiciary Standing                                                               
Committee, in  which there was  a provision that  made employment                                                               
security  records available  for  law  enforcement purposes,  and                                                               
there  was  a separate  statute  relating  to making  information                                                               
available  to  [the  Child Support  Enforcement  Division].    He                                                               
indicated that  he would  like Ms. Glaiser  to find  any existing                                                               
standardized language regarding this issue.                                                                                     
                                                                                                                                
MS. GLAISER said, "Certainly."                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG, in response to  a question, said HB 414                                                               
passed out of the [House] Judiciary Standing Committee.                                                                         
                                                                                                                                
Number 0799                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON noted  that the  entire section  regarding                                                               
political parties was taken out [of  HB 414 during its hearing in                                                               
the Senate State Affairs Standing Committee].                                                                                   
                                                                                                                                
Number 0825                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  removed his  objection to  adopting the                                                               
committee  substitute  (CS)  for  HB  523,  Version  23-GH2021\H,                                                               
Kurtz, 4/7/04, as  a work draft; therefore, Version  H was before                                                               
the committee.                                                                                                                  
                                                                                                                                
Number 0834                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  moved to adopt Conceptual  Amendment 1, to                                                               
delete the  current language  in Section 42  and replace  it with                                                               
the language defining political party as  found in HB 414 when it                                                               
was in the Senate State Affairs Standing Committee.                                                                             
                                                                                                                                
VICE-CHAIR HOLM asked  if there was any objection.   No objection                                                               
was stated and Conceptual Amendment 1 was treated as adopted.                                                                   
                                                                                                                                
Number 0895                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  turned attention to page  4, lines [13-                                                               
19], which read as follows:                                                                                                     
                                                                                                                                
               (1)   [,BUT   IS   NOT   LIMITED   TO,   THE]                                                                
     publication  of notice  on three  different  days in  a                                                                
     daily  newspaper of  general circulation,  if [SUCH]  a                                                                    
     daily newspaper of general  circulation is published in                                                            
     the  house  district  where the  precinct  is  located;                                                                
     however, if  a daily  newspaper of  general circulation                                                                
     is  not  published  in the  house  district  where  the                                                                
     precinct is  located, public notice must  include [,BY]                                                                
     posting written  notice in a [THREE]  conspicuous place                                                            
     [PLACES] in the designated precinct;                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG stated that  [the above provision] would                                                               
cause a  problem, because  there are  daily papers  in Anchorage,                                                               
Juneau,  and Fairbanks,  for example,  that are  "not published."                                                               
He suggested that  the criterion would be equally  well served if                                                               
the language read "circulated" instead of "published".                                                                          
                                                                                                                                
MS.  GLAISER  responded that  [the  division]  would not  have  a                                                               
problem with that.                                                                                                              
                                                                                                                                
Number 1001                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL  questioned  whether  the  term  "general                                                               
circulation" is broad enough.                                                                                                   
                                                                                                                                
VICE-CHAIR  HOLM noted  that in  his  house district  there is  a                                                               
paper, but  there isn't  a paper  in the  house district  next to                                                               
his.   He added, "It's  circulated there, but it's  not published                                                               
there."                                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  said that the question  isn't where the                                                               
paper is  published, but whether  a written posting is  wanted in                                                               
the house  district.  He  stated that the subsidiary  question is                                                               
whether the  written posting, if  wanted, should be in  one, two,                                                               
or three places.  Representative  Gruenberg recollected that when                                                               
the  boundaries  of  a precinct  are  modified,  established,  or                                                               
abolished, there must be a  notification to the registered voters                                                               
by postcard, for example.                                                                                                       
                                                                                                                                
MS. GLAISER offered her belief that is true.                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said he is  not certain that just having                                                               
a posting will  do much except perhaps in a  rural place where it                                                               
may be helpful.   He said he would like time  to think about what                                                               
to  do with  the aforementioned  words on  page 4,  [lines 13-19,                                                               
text previously provided].                                                                                                      
                                                                                                                                
Number 1130                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM  stated he  is  curious  why the  number  of                                                               
conspicuous places was reduced from three to one.                                                                               
                                                                                                                                
MS. GLAISER  replied that there  are many areas where  the notice                                                               
had to be put on one board three  times.  She pointed out that in                                                               
those areas  where there  are 16,000  voters, [there  are notices                                                               
in]  a  newspaper,  as  well as  individual  notification.    She                                                               
explained that the change had been  made in an attempt to improve                                                               
the process.                                                                                                                    
                                                                                                                                
Number 1188                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  asked   how  often  precinct  boundary                                                               
designations are modified.                                                                                                      
                                                                                                                                
MS. GLAISER answered that certainly  during the [U.S.] Census and                                                               
reapportionment there  are times  of incorporation  and [borough]                                                               
votes.   She  confirmed that  they are  not modified  frequently,                                                               
which was another reason why "this  came up for discussion in the                                                               
division."    In  response  to  a  question  from  Representative                                                               
Gruenberg,  she said  she is  not certain  whether precincts  are                                                               
always  the  same  for  local  elections as  well  as  for  state                                                               
elections, but she offered to find out.                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  recollected  that the  legislation  he                                                               
introduced  [in  the  past] not  only  required  notification  by                                                               
postcard  when  boundaries changed,  but  also  when the  polling                                                               
place changed.   He drew  attention to  the language [on  page 4,                                                               
beginning on line 10], which read as follows:                                                                                   
                                                                                                                                
     The  director  shall  give   full  public  notice  when                                                                    
     precinct   boundaries  are   designated  an   when  the                                                                    
     boundaries  of  a  precinct  are  modified  or  when  a                                                                    
     precinct is established or abolished.                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked, "Why  not also when  the polling                                                               
place changes?"                                                                                                                 
                                                                                                                                
MS. GLAISER said that could be added to the current law.                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG asked Ms. Glaiser to consider that.                                                                    
                                                                                                                                
Number 1293                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  pointed  to  [page  4],  line  21,  which                                                               
specifies notification  to municipal  clerks.  He  indicated that                                                               
some house districts  cover villages that [do  not have municipal                                                               
clerks].   He suggested  it would be  advantageous to  expand the                                                               
term  municipal clerks.   He  noted  that Seward  has two  weekly                                                               
newspapers   and  the   bill   addresses   newspapers  of   daily                                                               
circulation, which doesn't include any of the local newspapers.                                                                 
                                                                                                                                
Number 1421                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ   directed  attention  to   Section  3,                                                               
regarding  confidential voter  information.   He noted,  "We just                                                               
passed  some  legislation  that   made  certain  information  for                                                               
victims of domestic violence confidential.   He asked if there is                                                               
a provision  for that,  and stated  that if  there is  not, there                                                               
should be one.                                                                                                                  
                                                                                                                                
MS. GLAISER said she didn't know.                                                                                               
                                                                                                                                
VICE-CHAIR HOLM  told Representative  Berkowitz that  Ms. Glaiser                                                               
had earlier in the meeting been asked to research this issue.                                                                   
                                                                                                                                
MS.  GLAISER said,  "You'll be  interested to  know that  the new                                                               
voter registration  systems that we've  been looking at  ... have                                                               
the ability to  hide records so they don't even  print out, and a                                                               
person  can  choose  that."    In response  to  a  question,  she                                                               
confirmed that [the division] is currently upgrading.                                                                           
                                                                                                                                
Number 1540                                                                                                                     
                                                                                                                                
VICE-CHAIR  HOLM turned  to Amendment  2, which  read as  follows                                                               
[with some hand written changes]:                                                                                               
                                                                                                                                
     Page 1, line 5, following "counting,":                                                                                   
          Insert "voting electronically,"                                                                                     
                                                                                                                                
     Page 20, following line 26:                                                                                                
          Insert a new bill section to read:                                                                                    
        "* Sec. 39.  The uncodified law of the State of                                                                     
     Alaska is amended by adding a new section to read:                                                                         
          VOTING BY MAIL AND ELECTRONICALLY.  Not later                                                                         
     than January 31, 2005, the director  of the division of                                                                    
     elections shall provide a report  to the legislature on                                                                    
     the feasibility,  costs, and benefits of  authorizing a                                                                    
     system of voting by mail and electronically."                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
Number 1565                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  asked  if [Amendment  2]  incorporates                                                               
some  of  the  concerns  that   were  voiced  during  a  previous                                                               
electronic voting discussion regarding a "Minority bill."                                                                       
                                                                                                                                
VICE-CHAIR HOLM answered yes.                                                                                                   
                                                                                                                                
REPRESENTATIVE  BERKOWITZ,   in  response  to  a   question  from                                                               
Representative   Gruenberg,   clarified   that  he   just   wants                                                               
[Amendment 2]  compared to  the work  that has  been done  on the                                                               
other bill.                                                                                                                     
                                                                                                                                
Number 1597                                                                                                                     
                                                                                                                                
MS.  GLAISER responded  that  she doesn't  see  [Amendment 2]  as                                                               
"separate from  the other  piece of  legislation."   She revealed                                                               
that  she  would be  certifying  elections  through December  and                                                               
asked if  the date  could be  extended.  She  stated that  she is                                                               
sure that  the committee would  want research done, and  she said                                                               
she doesn't know what [Chair Weyhrauch] would like.                                                                             
                                                                                                                                
VICE-CHAIR   HOLM  suggested   that  the   committee  set   aside                                                               
[Amendment 2].                                                                                                                  
                                                                                                                                
Number 1660                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  announced  that  he  would,  at  every                                                               
opportunity,   offer  an   amendment  that   "would  remove   the                                                               
capability  to  keep  track of  people's  party  affiliation  and                                                               
publish that in any place, including voter registration."                                                                       
                                                                                                                                
REPRESENTATIVE  COGHILL  rebutted  that   he  would  oppose  that                                                               
amendment every time.                                                                                                           
                                                                                                                                
Number 1696                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG noted  that [HB 523] seems  to be mainly                                                               
"housekeeping/technical  stuff."     He  directed   attention  to                                                               
Section  1 of  the bill,  regarding AS  15.05.020.   He announced                                                               
that  he  and his  staff  would  be  looking  to find  out  where                                                               
problems  have  arisen in  the  past  in court,  regarding  [that                                                               
statute], and he  asked for help from the division  and others in                                                               
advance of the next hearing on HB 523.                                                                                          
                                                                                                                                
Number 1787                                                                                                                     
                                                                                                                                
VICE-CHAIR HOLM announced that HB 523 was heard and held.                                                                       
                                                                                                                                
HCR 26-PFUND: ENCOURAGE INVESTMENTS IN ALASKA                                                                                 
                                                                                                                                
Number 1796                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM announced  that the  next order  of business                                                               
was HOUSE  CONCURRENT RESOLUTION NO. 26,  Relating to investments                                                               
in  Alaska  by corporate  America  in  which the  permanent  fund                                                               
invests.                                                                                                                        
                                                                                                                                
Number 1815                                                                                                                     
                                                                                                                                
REPRESENTATIVE KELLY  WOLF, Alaska State Legislature,  as sponsor                                                               
of HCR 26, told the  committee that approximately 7,000 nonprofit                                                               
organizations exist  within Alaska.   He stated that Alaska  is a                                                               
young  state  that has  businesses  "starting  and failing  on  a                                                               
regular basis."   He described  HCR 26  as an opportunity  to use                                                               
the power the State of Alaska  has in its Permanent Fund Dividend                                                               
Corporation,  without risking  the  funds in  the permanent  fund                                                               
dividend (PFD).   The proposed  legislation, he  explained, would                                                               
give  the   opportunity  for  a   small  business   or  nonprofit                                                               
[organization], with the support  of the legislature, to approach                                                               
the corporations in which the  permanent fund holds stock and ask                                                               
for  financial support  to  start a  business, or  to  ask for  a                                                               
contribution.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  WOLF directed  attention  to  Amendment 1,  which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     After Line 13 Add new section:                                                                                             
          Whereas Alaska's own economic well being is tied                                                                    
     to businesses in Alaska; and                                                                                               
          Whereas Alaska's health and well being of our                                                                       
     communities is  assisted by one  or more of  the nearly                                                                    
     7000 nonprofit organizations in Alaska; and                                                                                
          Whereas by enactment of this resolution we                                                                          
     recognize we,  as members of Alaska's  Legislature, are                                                                    
     providing  opportunity for  Alaska's nonprofit  and for                                                                    
     profit  sectors to  declare their  independence through                                                                    
     encouraging  them  to  recognize  the  powerful  buying                                                                    
     support the $24,000,000,000 permanent fund represents;                                                                     
                                                                                                                                
      Line 15 - after "to encourage investments in" change                                                                      
        Alaska to Alaska's; Then add:  nonprofit and for                                                                        
     profit sectors                                                                                                             
                                                                                                                                
     Page Two - Line 2 - After Corporation, Please delete:                                                                      
     "for public record."  Then add: and make available at                                                                      
     public request.                                                                                                            
                                                                                                                                
Number 2076                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  moved to  adopt  Amendment  1, with  a                                                               
technical amendment, as follows:                                                                                                
                                                                                                                                
     Between "make" and "available"                                                                                             
     Insert "it"                                                                                                                
                                                                                                                                
REPRESENTATIVE SEATON stated, "I'll object for discussion."                                                                     
                                                                                                                                
Number 2103                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  asked Representative  Wolf to  clarify the                                                               
meaning of "Alaska's nonprofit and  for profit sectors to declare                                                               
their independence".                                                                                                            
                                                                                                                                
REPRESENTATIVE  WOLF  explained   that  the  proposed  resolution                                                               
encourages nonprofit groups to  independently seek private funds,                                                               
without using state  funds.  He revealed that  there are "several                                                               
hundred million dollars" of corporate  monies that go unasked for                                                               
each year.   He stated,  "The opportunity for nonprofits  here in                                                               
the state  of Alaska  to use  the power  of [the]  Permanent Fund                                                               
Dividend Corporation is second to none."                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON said he is  confused by the language and is                                                               
uncertain how to amend it.                                                                                                      
                                                                                                                                
VICE-CHAIR HOLM announced  that HCR 26 would not be  moved out of                                                               
committee today.                                                                                                                
                                                                                                                                
REPRESENTATIVE COGHILL suggested "incorporating the amendment."                                                                 
                                                                                                                                
Number 2220                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON removed his objection.                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG opined  that  representatives from  the                                                               
Alaska Permanent Fund Corporation would  want a chance to respond                                                               
to Amendment 1.                                                                                                                 
                                                                                                                                
VICE-CHAIR HOLM  responded, "It's  my understanding they  did not                                                               
want to testify  on this, because ...  they're testifying through                                                               
their letter  and that's all  they're going to  do."  He  said he                                                               
suspects the corporation will not  change its policies based upon                                                               
[HCR 26].                                                                                                                       
                                                                                                                                
Number 2288                                                                                                                     
                                                                                                                                
REPRESENTATIVE WOLF indicated that  Amendment 1 would include the                                                               
for profit  businesses with the  nonprofit ones in the  chance to                                                               
"reap  the   benefit"  [in  regard   to  requesting   funds  from                                                               
corporations in which the state's permanent fund is invested].                                                                  
                                                                                                                                
REPRESENTATIVE  COGHILL changed  his  earlier  remark to  suggest                                                               
instead that the committee leave the amendment on the table.                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  asked   that  [Representative   Wolf]                                                               
consult  Legislative Legal  and Research  Services regarding  the                                                               
language.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  SEATON  announced  that  he  would  maintain  his                                                               
objection.                                                                                                                      
                                                                                                                                
[HCR 26 was heard and held.]                                                                                                    
                                                                                                                                
SB 309-BLOOD PATHOGENS TESTING OF PRISONERS                                                                                   
                                                                                                                                
Number 2348                                                                                                                     
                                                                                                                                
VICE-CHAIR HOLM announced that the  last order of business was CS                                                               
FOR SENATE BILL NO. 309(JUD) am,  "An Act relating to testing the                                                               
blood  of   prisoners  and  those   in  custody   for  bloodborne                                                               
pathogens."                                                                                                                     
                                                                                                                                
TAPE 04-58, SIDE B                                                                                                            
Number 2359                                                                                                                     
                                                                                                                                
SENATOR TOM WAGONER, Alaska State  Legislature, as sponsor of HCR
26, stated  that, currently, the  State of Alaska allows  for the                                                               
testing of prisoners with bloodborne  pathogens at the request of                                                               
rape  victims  only.    The   proposed  legislation  would  allow                                                               
correctional officers  who have  been exposed  to blood  or other                                                               
bodily fluids to request testing  of the prisoner responsible for                                                               
the exposure.  He indicated  that [exposing correctional officers                                                               
to  infected blood  or other  bodily fluids]  is one  of the  few                                                               
weapons prisoners have  in the penal system  to retaliate against                                                               
the personnel who operate the prison.                                                                                           
                                                                                                                                
SENATOR WAGONER noted  that AS 18.15 would be  amended to include                                                               
five  new sections:    AS 18.15.400,  which  would authorize  the                                                               
process of testing;  AS 18.15.410, which would  provide a consent                                                               
provision;  AS 18.15.420,  which  would  address testing  without                                                               
consent;  AS  18.15.440,   which  would  address  confidentiality                                                               
issues and  provide penalties for  disclosure; and  AS 18.15.450,                                                               
which would define "the new term in this section."                                                                              
                                                                                                                                
SENATOR  WAGONER  revealed  that,   last  year,  41  correctional                                                               
officers were  potentially exposed  to bloodborne pathogens.   In                                                               
most of the  cases, exposure was intentional.   Current treatment                                                               
to exposure to unknown pathogens  consists of a daily "cocktail,"                                                               
which   includes   large   amounts  of   several   broad-spectrum                                                               
medications.  He explained that  the treatment, which can take up                                                               
to two weeks, can result in  lost time for each person taking the                                                               
treatment.   Additionally, the treatment costs  the state between                                                               
$2,000-$3,000 for each "application" for the two-week session.                                                                  
                                                                                                                                
SENATOR  WAGONER   pointed  out  that  both   the  Department  of                                                               
Corrections and  the Division  of Risk  Management have  given SB
309 a  zero fiscal note.   Notwithstanding that,  Senator Wagoner                                                               
suggested  that  with  40  people  undergoing  the  treatment  at                                                               
$2,000-$3,000 per person and being off  work for up to two weeks,                                                               
SB 309  would save the state  money.  He explained  that, at this                                                               
time,  the amount  that would  be saved  is an  unknown quantity,                                                               
which is why the fiscal note doesn't reflect the savings.                                                                       
                                                                                                                                
SENATOR WAGONER indicated that the  Department of Corrections had                                                               
requested some minor technical changes  to the bill, and he noted                                                               
that Commissioner  Marc Antrim is available  to answer questions.                                                               
The   phrase  "correctional   facility"  was   changed  to   "the                                                               
department"  throughout the  bill, and  the section  dealing with                                                               
"old blood" was removed.  He  explained that the preference is to                                                               
use new blood to test for bloodborne pathogens.                                                                                 
                                                                                                                                
Number 2174                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG suggested  that  if a  prisoner who  is                                                               
infected bites a  guard, the guard's spouse  or significant other                                                               
may need to get the  information regarding the prisoner's health,                                                               
for medical purposes.  He noted  that there's no provision in the                                                               
confidentiality  section   of  the   bill  for   disclosure  when                                                               
medically necessary to protect "a third ... innocent person."                                                                   
                                                                                                                                
Number 2114                                                                                                                     
                                                                                                                                
SENATOR  WAGONER  surmised  that  if  a  guard  was  bitten,  for                                                               
example, he/she would not have  any intimate contact with his/her                                                               
spouse until a test result was complete.                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG proffered  that  the guard  may not  be                                                               
totally  responsible as  a human  being, or  there may  have been                                                               
some sort of  "incidental saliva contact" with the  prisoner.  He                                                               
suggested one example may be  that the prisoner's saliva lands on                                                               
an  open  cut that  the  guard  has, and  the  guard  may not  be                                                               
instantly  aware of  that occurrence.    He said  he thinks  some                                                               
thought should be given to  allowing the information to be given,                                                               
if necessary, to protect a third person.                                                                                        
                                                                                                                                
SENATOR  WAGONER  suggested  that   may  be  something  that  the                                                               
department could  pursue in the  next few days.   Notwithstanding                                                               
that, he  stated, "I don't  think we can child-proof  the world."                                                               
He added that  if the person who is infected  doesn't know it, he                                                               
doesn't  know how  the  third  party would  become  aware of  any                                                               
infection.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   GRUENBERG   responded  that   the   correctional                                                               
official  may independently  have  an [acquired  immunodeficiency                                                               
syndrome (AIDS)]  test done and find  out about it that  way.  He                                                               
pointed out that  if that person is not married,  he/she may have                                                               
had contact with several people.                                                                                                
                                                                                                                                
SENATOR  WAGONER suggested  that  the  Department of  Corrections                                                               
could address that issue and formulate an amendment.                                                                            
                                                                                                                                
Number 2002                                                                                                                     
                                                                                                                                
VICE-CHAIR  HOLM  mentioned  "prisoners  that sit  next  door  to                                                               
another prisoner."   He asked if  they have a right  to know that                                                               
"this person over here has AIDS."                                                                                               
                                                                                                                                
SENATOR  WAGONER replied  that  he thinks  that  would really  be                                                               
expanding the  scope of the  bill.  He  stated his intent  was to                                                               
protect the  guard and  the people who  work in  the institutions                                                               
because  they are  the ones  who are  directly involved  in "this                                                               
type of contamination."                                                                                                         
                                                                                                                                
[Vice-Chair Holm returned the gavel to Chair Weyhrauch.]                                                                        
                                                                                                                                
Number 1895                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH noted that the  correctional officer has to get a                                                               
physician to  say whether significant exposure  occurred, or not.                                                               
He  asked,   "Why  shouldn't  it   be  a  determination   of  the                                                               
correctional   officer  who   was  exposed,   rather  than   some                                                               
physician?"                                                                                                                     
                                                                                                                                
SENATOR WAGONER answered that he  thinks it's the physician's job                                                               
to make  a diagnosis and  determine if there was  enough exposure                                                               
to require treatment or blood  testing.  In response to questions                                                               
from Chair  Weyhrauch, he  explained that Section  1 in  the bill                                                               
not  only addresses  getting  a blood  sample  from the  infected                                                               
prisoner, but  also getting blood from  the correctional officer.                                                               
It  also   would  give  legal   authority  to   the  correctional                                                               
institution  to test  the prisoner  who exposed  the correctional                                                               
officer to the bloodborne pathogen.                                                                                             
                                                                                                                                
Number 1758                                                                                                                     
                                                                                                                                
PORTIA PARKER, Deputy Commissioner,  Office of the Commissioner -                                                               
Juneau,  Department  of  Corrections (DOC),  told  the  committee                                                               
that,  currently,  a  lot  of  the procedures  in  place  are  in                                                               
compliance    with   the    Occupational   Safety    and   Health                                                               
Administration  (OSHA).    The proposed  legislation,  she  said,                                                               
"codifies and adds  a few more protections and  ... guidelines in                                                               
the statutes  ...."  She  stated that DOC  supports SB 309.   Ms.                                                               
Parker  said  the department  usually  doesn't  have any  problem                                                               
getting a  blood sample.   She outlined the steps  the department                                                               
would take, as proposed in SB  309, and highlighted that the bill                                                               
would facilitate obtaining  a blood sample through  a court order                                                               
when a prisoner does not give consent.                                                                                          
                                                                                                                                
CHAIR WEYHRAUCH  asked if getting  a court order would  mean that                                                               
the confidentiality provisions would no longer apply.                                                                           
                                                                                                                                
MS. PARKER  said she  doesn't think that's  true.   She explained                                                               
that the name of the prisoner is not exposed.                                                                                   
                                                                                                                                
Number 1652                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  that there  is some  language in                                                               
the  bill  that  could  prohibit the  correctional  officer  from                                                               
telling his/her  spouse.   He said  he wants  to be  certain that                                                               
anyone who  may have  been secondarily  exposed also  be informed                                                               
and have access  to the information.  He also  expressed the need                                                               
to know how  this would relate to  juvenile correctional centers,                                                               
which  are under  the direction  of  the Department  of Health  &                                                               
Social  Services (HESS).   Representative  Gruenberg pointed  out                                                               
that  the  bill  specifies  a  physician,  rather  than  a  nurse                                                               
practitioner,  for   example.     He  questioned   whether  nurse                                                               
practitioners should also be included.                                                                                          
                                                                                                                                
Number 1658                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  returned to  the question regarding  why a                                                               
third  party -  the  physician  - has  to  determine whether  the                                                               
exposure is significant enough.  He  asked if there has ever been                                                               
a  case in  which  a  physician has  said  the  exposure was  not                                                               
significant   enough,  thus   making   it   impossible  for   the                                                               
correctional officer to obtain results.                                                                                         
                                                                                                                                
Number 1524                                                                                                                     
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
[During  the at-ease,  the visiting  high  school students  filed                                                               
into  the room.    When the  committee came  back  to order,  the                                                               
legislators introduced themselves.]                                                                                             
                                                                                                                                
SENATOR WAGONER recapped the bill for the students.                                                                             
                                                                                                                                
CHAIR WEYHRAUCH  explained that the House  State Affairs Standing                                                               
Committee has  jurisdiction over  the Department  of Corrections,                                                               
which is why the committee is hearing SB 309.                                                                                   
                                                                                                                                
SENATOR WAGONER noted that there is  a zero fiscal note.  He said                                                               
the  next committee  of  referral would  be  the House  Judiciary                                                               
Standing Committee.                                                                                                             
                                                                                                                                
CHAIR WEYHRAUCH,  for the benefit  of the students,  reviewed the                                                               
remaining course that the bill would take.                                                                                      
                                                                                                                                
REPRESENTATIVE HOLM defined what a fiscal note is.                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG  explained  the importance  and  reason                                                               
behind which  committee hears a bill.   He suggested that  SB 309                                                               
should  go to  the House  Health, Education  and Social  Services                                                               
Standing Committee, because it focuses on public health issues.                                                                 
                                                                                                                                
SENATOR WAGONER said  he thinks the legal  ramifications are more                                                               
important.                                                                                                                      
                                                                                                                                
[SB 309 was heard and held.]                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 1238                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at 9:23                                                                  
a.m.                                                                                                                          
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