Legislature(1995 - 1996)
04/10/1996 02:05 PM Senate CRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
April 10, 1996
2:05 p.m.
MEMBERS PRESENT
Senator John Torgerson, Chairman
Senator Randy Phillips, Vice Chairman
Senator Tim Kelly
Senator Fred Zharoff
Senator Lyman Hoffman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 466(FIN) am
"An Act establishing the Adak Reuse Authority."
CS FOR HOUSE BILL NO. 322(FIN)
"An Act authorizing grants for temporary housing assistance during
emergencies and disasters."
CS FOR HOUSE BILL NO. 386(JUD)
"An Act relating to cruelty to animals and to the power of first
and second class boroughs to prohibit cruelty to animals."
CS FOR HOUSE BILL NO. 542(FSH)
"An Act relating to participation in matters before the Board of
Fisheries by members of the board."
PREVIOUS SENATE COMMITTEE ACTION
HB 466 - See Community & Regional Affairs minutes dated 4/3/96.
HB 322 - See Community & Regional Affairs minutes dated 4/3/96.
HB 542 - No previous action to record.
WITNESS REGISTER
Representative Carl Moses
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 466
George Dozier, Staff to House Military & Veterans Affairs
Committee
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 322
Carol Carroll, Director
Administrative & Support Services Division
Department of Military & Veterans Affairs
P.O. Box 110900
Juneau, AK 99811-0900
POSITION STATEMENT: Offered information on HB 322
Representative Alan Austerman
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 542
Steven White, Assistant Attorney General
Natural Resources Section
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Department neutral on HB 542
Jim Ellison
P.O. Box 55590
North Pole, AK 99705
POSITION STATEMENT: Supports SCS CSHB 386(CRA)
Art Griswold
873 Runamuck Ave.
North Pole, AK 99705
POSITION STATEMENT: Supports SCS CSHB 386(CRA)
Bob Franklin, State President
Alaska Farm Bureau
P.O. Box 75184
Fairbanks, AK 99707
POSITION STATEMENT: Testified in support of SCS CSHB 386(CRA)
Bill Ward
P.O. Box 350
Soldotna, AK 99669
POSITION STATEMENT: Has some concerns with SCS CSHB 386(CRA)
ACTION NARRATIVE
TAPE 96-20, SIDE A
Number 001
CSHB 466(FIN) am ADAK REUSE AUTHORITY
CHAIRMAN TORGERSON called the Senate Community & Regional Affairs
Committee meeting to order at 2:05 p.m. He then brought CSHB
466(FIN) am before the committee as the first order of business and
outlined changes made in a draft CRA SCS. The first change is to
page 1, lines 8 and 12, which changes the lead agency from the
Department of Community & Regional Affairs to the Department of
Commerce & Economic Development. The second change is to page 2,
lines 20 through 22, which deletes the language "In case of a tie
vote on a motion or resolution pending before the authority, the
motion or resolution shall be presented to the governor and, if
approved by the governor, is considered adopted by the authority."
It is replaced with the language "Action may be taken and motions
and resolutions may be adopted by the authority only upon an
affirmative vote of a majority of the full membership of the
authority." The third change is to page 3, line 2, where
subsection (c) was rewritten to state all employees are employees
of the authority or contract employees and that the contract does
not exceed two years.
SENATOR KELLY commented that the new language in subsection (c) is
a recognition that this is a transitional authority. He
acknowledged to Senator Zharoff that, if necessary, a contract
could be renewed after the two years.
Number 058
REPRESENTATIVE CARL MOSES, prime sponsor of HB 466, stated his
agreement with the proposed changes.
Number 102
SENATOR KELLY moved the adoption of SCS CSHB 466(CRA). Hearing no
objection, the Chairman stated the motion carried.
Number 120
SENATOR KELLY moved SCS CSHB 466(CRA) be passed out of committee
with individual recommendations. Hearing no objection, it was so
ordered.
CSHB 322(FIN) GRANTS FOR HOUSING FOR DISASTER VICTIMS
SENATOR TORGERSON brought CSHB 322(FIN) before the committee and
noted it was the committee's second hearing on the legislation.
GEORGE DOZIER, staff to the House Military & Veterans Affairs
Committee, explained the legislation was sponsored by the committee
at the request of the Department of Military & Veterans Affairs.
Under existing law, when the governor proclaims a disaster
emergency, the Division of Emergency Services has the statutory
authority to arrange temporary housing for individuals that have
been displaced by the emergency. However, this presents an
administrative burden because the department only has the ability
to secure the housing rather then making housing grants and
allowing individuals to secure their own housing.
HB 322 would permit the department to get out of the business of
being a landlord by allowing individuals who have suffered
displacement to make their own housing arrangements through grants.
Number 165
CAROL CARROLL, Director, Administrative & Support Services
Division, Department of Military & Veterans Affairs, explained the
current process used by the department when a disaster is
proclaimed by the governor. She then outlined the process that
will be used if HB 322 passes. The division will go into a
community and after doing an analysis of the current rental market,
an amount will be set which will be provided to people who qualify.
Those individuals would then go out and find their own housing.
The department will require proper documentation to make sure the
individuals have actually rented something and are not being
provided housing by someone else.
SENATOR KELLY said several years ago, when he was on the Finance
Committee, a provision was added to the statute that required
reimbursement back to the state if individuals were covered by
insurance, and he wondered if that requirement was being met. MS.
CARROLL said it was her understanding that people at the Division
of Emergency Services do match the insurance returns to any cost
that the state has in that regard.
SENATOR KELLY commented he has some trepidation about the whole
statute because there is no control over how much money will be
spent on an emergency, and it makes him nervous to have that open
liability to the state of Alaska out there. He is also concerned
that the legislation doesn't provide oversight on what kind of
housing individuals can get. MS. CARROLL said the department would
limit the amount given to individuals that qualified to a medium on
the rental scale. If individuals choose to stay in a rental unit
that is at the top of the line, they would have to pay the
difference between what the medium rental amount was and that
increase.
SENATOR KELLY suggested adding language to the legislation which
would require that the costs of housing not covered under temporary
housing assistance be pre-approved by the department.
Number 300
SENATOR ZHAROFF said he agreed with Senator Kelly's concern, but he
pointed out that if there is a major disaster in an area that
already has a tight rental market, it makes it difficult finding
suitable temporary housing.
Number 315
SENATOR TORGERSON asked if there currently is a cap on how much is
spent per person. MS. CARROLL answered there is a cap for the
individual family grant, but for temporary housing the cap is not
a monetary cap, it is a time-sensitive cap. For people who have
been renters beforehand, there is a limit of three months. For
homeowners who have had severe damage, there is a limit of 18
months.
SENATOR TORGERSON expressed his frustration with the appropriation
process in covering these disasters because when the money is not
there, the cities have to go in and obligate their funds to make
all this happen.
Number 400
SENATOR RANDY PHILLIPS asked Senator Hoffman if homeowner insurance
was hard to obtain in his district. SENATOR HOFFMAN responded that
it wasn't in the larger communities like Bethel, but he believes it
is a problem in some of the smaller communities where many of the
homes are non-conforming and the communities lack adequate fire
systems to deal with these situations.
SENATOR KELLY asked if Ms. Carroll could provide the committee with
the total reimbursement amount that the state has received from
private insurance under this program, and MS. CARROLL acknowledged
that she would.
Number 455
SENATOR TORGERSON stated HB 322 would be held so that a committee
substitute addressing the committee's concerns could be drafted.
HB 542 BOARD OF FISH VOTING ETHICS
SENATOR TORGERSON introduced CSHB 542(FSH) as the next order of
business.
Number 465
REPRESENTATIVE ALAN AUSTERMAN, prime sponsor of HB 542, said he
introduced the legislation after a February meeting of past members
and the current chairman of the Board of Fisheries. The main issue
that came out of the two-day meeting was that there was a problem
with the conflict of interest in the Board of Fisheries and how it
was being handled. People were being conflicted off of the board,
decisions were not being made in some instances, and decisions were
being swayed in other instances because of the people being
conflicted off of the board.
Representative Austerman said HB 542 removes the attorney general
out of the picture, in that he does not give opinions any more
about the Board of Fisheries conflict of interest. The bill also
mandates that board members will discuss and vote on all issues
after declaring a conflict of interest. Board members will also
have to file a financial conflict of interest statement with the
APOC.
Representative Austerman said the basis of the legislation is to
get the Board of Fisheries back on track and have them make
decisions based upon the issues rather than being conflicted off.
Number 530
SENATOR ZHAROFF moved that an immediate effective date be added to
the legislation. Hearing no objection, the Chairman stated the
motion carried.
Number 557
STEVEN WHITE, Department of Law, stated the department has no
position on HB 542. He related that for the past six years he has
advised the Board of Fisheries and has helped them through
implementing the current Executive Ethics Act. He noted that if HB
542 passes, it will be the first time that any agency will be
exempted from the conflict of interest provisions of that Act.
TAPE 96-20, SIDE B
Number 001
Mr. White discussed and answered questions on the current process
for determining if board members have a conflict of interest. He
emphasized the department does not make the decisions for the
board; they help them work through the issues, but the board itself
makes the final determination.
In his closing comments, Mr. White said he understands that former
board chairmen don't like the Ethics Act and it's somewhat
understandable because it does add more to the board process.
However, under the current process, the lay character of the board
is preserved because the members who do have experience are allowed
to share that experience with the board; they're just not permitted
to vote or to persuade other persons. He also said the department
believes in the board process and the integrity of the board
process, and they don't want to see anything that would lead the
public to lose its confidence that there's total impartiality on
the board when they make their decisions.
Number 130
There being no further testimony on HB 542, SENATOR TORGERSON asked
for the will of the committee.
SENATOR ZHAROFF moved SCS CSHB 542(CRA) pass out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 140
CSHB 386(JUD) CRUELTY TO ANIMALS
SENATOR TORGERSON brought HB 386 before the committee as the final
order of business. He directed attention to a draft SCS that
contains a new Section 2, which adds animal husbandry practice and
a new Section 4, which defines cruelty to animals as it relates to
the care of animals by farmers.
Number 155
JIM ELLISON, a North Pole farmer testifying from the Fairbanks LIO,
stated his strong support for the language in Section 2, as well as
Section 4.
Number 165
ART GRISWOLD, a North Pole farmer testifying from the Fairbanks
LIO, said he believes the bill is realistic and covers what is
necessary. The amendments will make the difference in the
practicality of the application of the law.
Number 173
BOB FRANKLIN, State President of the Alaska Farm Bureau testifying
from Fairbanks, said the agricultural community statewide
definitely needs the definition of cruelty to and care of animals
by farmers. He said anytime a statute is amended that gives more
regulation authority to a individual entity like the animal
control, then it is necessary to define exactly what their
perimeters of jurisdiction are.
Number 190
SENATOR TORGERSON clarified that Representative Grussendorf came
forward with the amendment, and that his staff worked hard with a
lot of people to try to find a neutral ground to help in the
passage of the legislation.
Number 250
BILL WARD, testifying from Kenai, said he believes the amendment to
the legislation is appropriate and worthwhile to consider.
However, he does have some concern that some animal control
officers in the local municipalities might not necessarily be
qualified to really interpret what proper care is. Also, the
municipalities may enact some local ordinances that would conflict
with state regulations or be actual contradictions of state
regulations.
Number 300
There being no further testimony on HB 386, SENATOR TORGERSON asked
for the pleasure of the committee.
SENATOR RANDY PHILLIPS moved SCS CSHB 386(CRA) be adopted. Hearing
no objection, the Chairman stated the motion carried.
SENATOR RANDY PHILLIPS moved SCS CSHB 386(CRA) be passed out of
committee with individual recommendations. Hearing no objection,
it was so ordered.
There being no further business to come before the committee, the
meeting was adjourned at 3:22 p.m.
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