Legislature(1999 - 2000)
12/08/1999 09:00 AM Senate C33
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CONFERENCE COMMITTEE ON SB 33
May 13, 1999
8:45 a.m.
MEMBERS PRESENT
Senator Rick Halford, Co-Chair
Senator Drue Pearce
Senator Kim Elton
Representative John Cowdery, Co-Chair
Representative Tom Brice
Representative Scott Ogan
MEMBERS ABSENT
None
COMMITTEE CALENDAR
HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) am H
"An Act relating to contracts for the performance of certain state
functions previously performed by state employees and to the
Commission on Privatization and Delivery of Government Services;
and providing for an effective date."
PREVIOUS ACTION
Date Page Action
1 01/21/99 49 (S) READ THE FIRST TIME - REFERRAL(S)
2 01/21/99 49 (S) STA, FIN
3 01/28/99 (S) STA AT 3:30 PM BELTZ ROOM 211
4 01/28/99 (S) MOVED OUT OF COMMITTEE
5 01/28/99 (S) MINUTE(STA)
6 02/01/99 125 (S) STA RPT 2DP 1NR 1DNP
7 02/01/99 125 (S) DP: WARD PHILLIPS NR:MACKIE DNP:ELTON
8 02/01/99 126 (S) INDETERMINATE FN (GOV)
9 02/25/99 (S) FIN AT 9:00 AM SENATE FINANCE 532
10 03/04/99 (S) FIN AT 8:00 AM SENATE FINANCE 532
11 03/04/99 (S) HEARD AND HELD
12 03/04/99 (S) MINUTE(FIN)
13 03/09/99 (S) FIN AT 9:00 AM SENATE FINANCE 532
14 03/09/99 (S) HEARD AND HELD
15 03/09/99 (S) MINUTE(FIN)
16 03/15/99 (S) FIN AT 9:00 AM SENATE FINANCE 532
17 03/15/99 (S) HEARD AND HELD
18 03/15/99 (S) MINUTE(FIN)
1 03/22/99 (S) FIN AT 9:00 AM SENATE FINANCE 532
2 03/22/99 (S) SCHEDULED BUT NOT HEARD
3 03/24/99 (S) MINUTE(FIN)
4 03/31/99 (S) FIN AT 8:00 AM SENATE FINANCE 532
5 03/31/99 (S) SCHEDULED BUT NOT HEARD
6 04/01/99 (S) RLS AT 11:50 AM FAHRENKAMP 203
7 04/01/99 (S) MINUTE(RLS)
8 04/01/99 767 (S) FIN RPT CS 4DP 2NR NEW TITLE
9 04/01/99 767 (S) DP: PARNELL, TORGERSON, GREEN, LEMAN
10 04/01/99 767 (S) NR: PETE KELLY, DONLEY
11 04/01/99 767 (S) PREVIOUS INDETERMINATE FN (GOV)
12 04/06/99 793 (S) FORTHCOMING (FIN) CS RECEIVED
13 04/07/99 804 (S) RULES TO CALENDAR AND 1DNP 4/7/99
14 04/07/99 805 (S) READ THE SECOND TIME
15 04/07/99 805 (S) FIN CS ADOPTED UNAN CONSENT
16 04/07/99 805 (S) AM NO 1 FAILED Y6 N14
17 04/07/99 806 (S) ADVANCED TO THIRD READING UNAN CONSENT
18 04/07/99 806 (S) READ THE THIRD TIME CSSB 33(FIN)
1 04/07/99 807 (S) ELLIS NOTICE OF RECONSIDERATION
2 04/08/99 828 (S) RECONSIDERATION NOT TAKEN UP
3 04/08/99 829 (S) TRANSMITTED TO (H)
4 04/09/99 698 (H) READ THE FIRST TIME - REFERRAL(S)
5 04/09/99 698 (H) STA, FIN
6 04/28/99 1049 (H) STA RPT HCS(STA) 3DP 2DNP 2NR
7 04/28/99 1050 (H) DP: COGHILL, WHITAKER, OGAN;
8 04/28/99 1050 (H) DNP: KERTTULA, HUDSON; NR: JAMES,
9 04/28/99 1050 (H) SMALLEY
10 04/28/99 1050 (H) SENATE INDETERMINATE FN (GOV) 2/1/99
11 04/28/99 1059 (H) CROSS SPONSOR(S): KOHRING
12 04/29/99 1069 (H) FIN RPT HCS(FIN) 1DP 3DNP 6NR 1AM
13 04/29/99 1070 (H) DP: KOHRING; DNP: AUSTERMAN,
14 04/29/99 1070 (H) GRUSSENDORF, MOSES; NR: THERRIAULT,
15 04/29/99 1070 (H) MULDER, BUNDE, FOSTER, DAVIS,
16 04/29/99 1070 (H) WILLIAMS; AM: DAVIES
17 04/29/99 1070 (H) FISCAL NOTE (LAA)
18 04/29/99 1070 (H) SENATE INDETERMINATE FN (GOV) 2/1/99
1 04/27/99 (H) <BILL POSTPONED>
2 04/27/99 (H) MINUTE(STA)
3 04/28/99 (H) FIN AT 1:30 PM HOUSE FINANCE 519
4 04/28/99 (H) MOVED HCSSB 33(FIN) OUT OF COMMITTEE
5 04/28/99 1049 (H) STA RPT HCS(STA) 3DP 2DNP 2NR
6 04/28/99 1050 (H) DP: COGHILL, WHITAKER, OGAN;
7 04/28/99 1050 (H) DNP: KERTTULA, HUDSON; NR: JAMES,
8 04/28/99 1050 (H) SMALLEY
9 04/28/99 1050 (H) SENATE INDETERMINATE FN (GOV) 2/1/99
10 04/28/99 1059 (H) CROSS SPONSOR(S): KOHRING
11 04/29/99 1069 (H) FIN RPT HCS(FIN) 1DP 3DNP 6NR 1AM
12 04/29/99 1070 (H) DP: KOHRING; DNP: AUSTERMAN,
13 04/29/99 1070 (H) GRUSSENDORF, MOSES; NR: THERRIAULT,
14 04/29/99 1070 (H) MULDER, BUNDE, FOSTER, DAVIS,
15 04/29/99 1070 (H) WILLIAMS; AM: DAVIES
16 04/29/99 1070 (H) FISCAL NOTE (LAA)
17 04/29/99 1070 (H) SENATE INDETERMINATE FN (GOV) 2/1/99
18 04/29/99 1077 (H) RULES TO CALENDAR 4/29/99
1 04/29/99 1077 (H) READ THE SECOND TIME
2 04/29/99 1077 (H) FIN HCS ADOPTED UNAN CONSENT
3 04/29/99 1077 (H) AM NO 1 ADOPTED Y31 N8 E1
4 04/29/99 1078 (H) AM NO 2 OFFERED
5 04/29/99 1079 (H) DIVIDE AM NO 2 WITHDRAWN
6 04/29/99 1080 (H) AM NO 2 FAILED Y16 N23 E1
7 04/29/99 1080 (H) AM NO 3 ADOPTED Y22 N17 E1
8 04/29/99 1081 (H) AM NO 4 FAILED Y14 N25 E1
9 04/29/99 1083 (H) AM NO 5 ADOPTED Y23 N15 E1 A1
10 04/29/99 1084 (H) AM NO 6 RULED OUT OF ORDER
11 04/29/99 1084 (H) AM NO 7 WITHDRAWN
12 04/29/99 1085 (H) ADVANCED TO 3RD READING 4/30 CALENDAR
13 04/30/99 1113 (H) READ THE 3RD TIME HCS CSSB 33(FIN)AM H
14 04/30/99 1113 (H) RETURN TO SECOND FOR AM 8 UNAN CONSENT
15 04/30/99 1113 (H) AM NO 8 OFFERED
16 04/30/99 1114 (H) AM NO 1 TO AM NO 8 ADOPTED Y22 N18
17 04/30/99 1115 (H) AM NO 8 AS AMENDED ADOPTED Y31 N9
18 04/30/99 1115 (H) RETURN TO SECOND FOR AM 9 UNAN CONSENT
1 04/30/99 1116 (H) AM NO 9 ADOPTED Y29 N10 A1
2 04/30/99 1116 (H) RETURN TO 2ND FOR AM 10 UNAN CONSENT
3 04/30/99 1117 (H) AM NO 10 ADOPTED UNAN CONSENT
4 04/30/99 1117 (H) PASSED Y23 N17
5 04/30/99 1118 (H) EFFECTIVE DATE ADPTD Y28 N12
6 04/30/99 1118 (H) GREEN NOTICE OF RECONSIDERATION
7 04/30/99 1118 (H) RECON TAKEN UP SAME DAY Y28 N12
8 04/30/99 1119 (H) PASSED ON RECONSIDERATION Y22 N18
9 04/30/99 1119 (H) EFFECTIVE DATE ADPTD Y29 N11
10 04/30/99 1124 (H) TRANSMITTED TO (S) AS AMENDED
11 05/03/99 1200 (S) FAILED CONCUR (H) AM Y2 N18
12 05/03/99 1201 (S) CONFERENCE COMMITTEE APPOINTED
13 05/03/99 1201 (S) *HALFORD, PEARCE, ELTON
14 05/04/99 1151 (H) FAILED RECEDE (H) AM Y3 N29 E5 A3
15 05/04/99 1151 (H) CONFERENCE COMMITTEE APPOINTED
16 05/04/99 1151 (H) COWDERY, OGAN, BRICE
17 05/13/99 (S) C33 AT 8:30 AM FAHRENKAMP 203
ACTION NARRATIVE
TAPE 99-1, SIDE A
SB 33-TASK FORCE ON PRIVATIZATION
CO-CHAIR HALFORD called the Conference Committee on SB 33 to order
at 8:45 a.m. Present were Senators Pearce, Elton and Halford, and
Representatives Brice, Ogan and Cowdery. CO-CHAIR HALFORD asked
Tam Cook to explain the differences between the final House and
Senate versions of SB 33.
TAM COOK, DIRECTOR OF THE DIVISION OF LEGAL SERVICES, pointed out
that, under the Uniform Rules, a conference committee is charged
with looking at amendments to a bill which she interprets to mean
the ways the bills differ from each other. She informed committee
members she would refer to CSSB 33(FIN) and identify the changes
made to that version by the House. On page 2, after line 6, the
House added the following statement: "there may be functions of
state government that should cease."
CO-CHAIR HALFORD asked if that language can be adopted by the
Conference Committee without any power of free conference. MS.
COOK said it can.
MS. COOK explained the second difference is that Sections 2, 3, and
4 of the Senate version, beginning on line 16 of page 2, make
substantive changes to the law. Corresponding sections are not
contained in the House version.
Section 5 of the Senate version designates the membership of an 11
member commission; the House version designates the membership of a
15 member commission. MS. COOK clarified that the Conference
Committee can elect to adopt either the formation of an 11 or 15
member commission without requesting limited powers of free
conference.
CO-CHAIR HALFORD asked if limited powers need to be requested to
change the composition of the commission. MS. COOK answered if the
Conference Committee wishes to create a 13 member board, it will
need limited powers of free conference.
MS. COOK stated the House version does not designate that one
member be a representative of the labor unions (page 3, line 15).
She noted that a few of the members in each bill are identical,
however quite a few differ. She pointed out that determining
whether members are identical is a matter of substance rather than
paragraph numbering. The Conference Committee can retain the
members that are identical in each bill and then "mix and match"
from the others without limited powers of free conference. The
Senate version contains one Local Boundary Commission member. The
House version membership differs in that it contains a rural bush
caucus legislator, a public member who represents a Native
corporation, a public member who represents a Native nonprofit
corporation, a member of the AFL-CIO, a member of the largest
public employees union, and one member from each minority caucus.
CO-CHAIR HALFORD asked if a request for limited powers of free
conference would cover any changes the committee wishes to make to
the number of members and composition of the commission.
MS. COOK said it would, and that if the Conference Committee asks
for limited powers as to the number of members and make up of the
commission, it could create an entirely new composition of
commission members.
MS. COOK noted another difference between the House and Senate
versions is per diem. The Senate version allows per diem and
travel expense reimbursement for the public members appointed by
the presiding officers. The House version permits per diem and
travel for all public members.
MS. COOK indicated that the House version specifies on page 4 that
the report identify state-funded functions that should be
eliminated as functions of state government. That provision does
not appear in the Senate version. The House version requires a
preliminary report due January 1, 2000, followed by a final report
due January 1, 2001. The Senate version requires that one report
be submitted on January 1, 2000. The repeal date of the commission
in the House version is January 1, 2001, while the Senate repeal
date is January 1, 2000.
CO-CHAIR HALFORD asked committee members whether they had any
questions of Ms. Cook.
Number 155
SENATOR ELTON asked if public members, for the purpose of per diem,
include the labor representatives and the representative of the
Alaska State Chamber of Commerce.
MS. COOK replied that a public member is not defined in either
version, however a statute is referenced that applies to boards and
commissions. She believes a public member, in this context, would
be a non-governmental employee who is appointed because of his/her
position in office. She clarified a legislator would not be
considered a public member, nor would a commissioner of a state
department. She thought that a representative of a state labor
union should be treated as a public member because even though that
person is a government employee, membership on this commission is
not part of their employment role. That person would probably not
be reimbursed by the State of Alaska for his/her participation on
the commission. She maintained that because the bill does not
contain a definition, the test would be whether or not the member
expects to receive a salary, per diem and travel expenses for
participation from the state.
CO-CHAIR HALFORD pointed out the area that the Conference Committee
needs limited powers of free conference for would be covered by a
statement on the powers and membership of the commission. He asked
if committee members were interested in requesting limited powers
of free conference for any other areas.
REPRESENTATIVE OGAN said he would like to make sure that the issue
of whether the commission should recommend which state-funded
functions of state government should be eliminated is addressed.
CO-CHAIR HALFORD noted that could be addressed by adopting the
House language, therefore limited powers would not be necessary.
CO-CHAIR HALFORD acknowledged that if a committee member from
either side wanted to move to adopt the entire composition of the
commission from the bill of the other side he or she could do so
but it would probably be a waste of time.
CO-CHAIR HALFORD asked Senator Ward, the sponsor of SB 33, to
discuss his opinion on the differences between the two versions
with committee members.
Number 214
SENATOR WARD said that he believes some of the work done by the
House made great improvements to the bill. He encouraged the
Conference Committee to retain the Senate's 11 member commission,
to designate a position for an Alaska Native to be appointed by the
presiding officers, and to support the provision that the report
disclose state-funded services that should be eliminated as
functions of state government. He recommended that the report due
date be January 1, 2000 because time is of the essence.
CO-CHAIR HALFORD asked for a motion to request of the presiding
officers limited powers of free conference on the number of members
and composition of the commission.
REPRESENTATIVE COWDERY so moved. There being no objection, the
motion carried.
CO-CHAIR HALFORD announced a letter would be sent to the presiding
officers and that he would schedule a second meeting as soon as he
receives a response. He then adjourned the meeting at 9:00 a.m.
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