Legislature(1997 - 1998)

02/09/1998 09:15 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
MINUTES                                                                        
SENATE FINANCE COMMITTEE                                                       
9 February 1998                                                                
9:15 a.m.                                                                      
                                                                               
                                                                               
TAPES                                                                          
                                                                               
SFC-98, #24, Sides 1 and 2                                                     
                                                                               
                                                                               
CALL TO ORDER                                                                  
                                                                               
Senator Bert Sharp, Co-chair, convened the meeting at                          
approximately 9:15 a.m.                                                        
                                                                               
                                                                               
PRESENT                                                                        
                                                                               
In addition to Co-chairman Sharp, Senators Pearce, Phillips,                   
Donley, Torgerson and Adams were present when the meeting                      
was convened.  Senator Parnell arrived shortly thereafter.                     
                                                                               
                                                                               
Also Attending:  Senator Robin Taylor; Representative Pete                     
Kott; Representative Eldon Mulder;  Danny DeWitt, chief of                     
staff to Representative Mulder;   Geron Bruce, Legislative                     
Liaison, Office of the Commissioner, Department of Fish and                    
Game; Irvin Brock, Deputy Director, Division of Sport Fish,                    
Department of Fish and Game;  Deborah Vogt, Deputy                             
Commissioner, Department of Revenue;  Nanci A. Jones,                          
Director, Permanent Fund Dividend Division, Department of                      
Revenue; John Cyr, President, NEA-Alaska; and aides to                         
committee members and other legislative members.                               
                                                                               
                                                                               
Via Teleconference:  listen only.                                              
                                                                               
                                                                               
SUMMARY INFORMATION                                                            
                                                                               
                                                                               
SENATE BILL NO. 16                                                             
"An Act restricting the use of certain funds deposited                         
in the fish and game fund; and relating to the powers                          
and duties of the commissioner of fish and game."                              
                                                                               
Senator Robin Taylor, sponsor of the bill was invited to                       
join the committee.  He outlined the changes made in the new                   
draft CS.  Senator Torgerson moved CSSB 16 work draft.                         
Senator Adams objected asking how the fiscal notes would be                    
affected.   Co-chair Sharp indicated that new fiscal notes                     
would be requested today.  Senator Adams withdrew his                          
objection and CSSB 16 work draft was adopted.  Senator                         
Donley and Senator Taylor discussed language changes for                       
stricter utilization of funds for specific purposes rather                     
that the department being able to use funds in general.  Mr.                   
Geron Bruce and Mr. Irvin Brock were invited to join the                       
committee.  Senator Adams stated he hoped the bill would not                   
put undue burden on State or Federal funds.  Mr. Steve                         
White, Assistant Attorney General was invited to join the                      
committee.  He explained section 4.  There was further                         
discussion with Senator Parnell regarding the fiscal note                      
from the Department of Law.  Mr. White explained that the                      
higher fiscal notes would be due to possible lawsuits or                       
injunctions.  Senator Taylor also explained that Federal law                   
defines how monies are allocated.  Senator Donley also asked                   
Mr. White to look into his request to the Attorney General's                   
Office and Mr. White indicated he would check it out.                          
                                                                               
Co-chair Sharp held CSSB 16 in committee.                                      
                                                                               
                                                                               
 HOUSE BILL NO. 2                                                              
                                                                               
"An Act allowing, for the purposes of permanent fund                           
dividend eligibility, an individual to accompany, as                           
the spouse or minor or disabled dependent, another                             
eligible resident who is absent for any of the                                 
following reasons:  vocational, professional, or other                         
specific education for which a comparable program is                           
not reasonably available in the state; secondary or                            
postsecondary education; military service; medical                             
treatment; service in the Congress or in the peace                             
corps; to care for the individual's terminally ill                             
parent, spouse, sibling, child, or stepchild; for up to                        
220 days to settle the estate of the individual's                              
deceased parent, spouse, sibling, child, or stepchild;                         
to care for a parent, spouse, sibling, child, or                               
stepchild with a critical life-threatening illness                             
whose treatment plan, as recommended by the attending                          
physician, requires travel outside of the state for                            
treatment at a medical specialty complex; or other                             
reasons that the commissioner of revenue may establish                         
by regulation; requiring, for the purposes of permanent                        
fund dividend eligibility, a state resident to have the                        
intent to remain indefinitely; relating to the                                 
eligibility for 1992, 1993, 1994, 1995, 1996, and 1997                         
permanent fund dividends of certain spouses and                                
dependents of eligible applicants; and providing for an                        
effective date."                                                               
                                                                               
Representative Pete Kott, sponsor of the bill was invited to                   
join the committee.  Tom Williams, staff to Co-chair Sharp                     
was also invited to join the committee.  He noted for the                      
committee that his comments were to the "R" version of the                     
work draft and explained that amendments #1 and #2 to the                      
work draft were technical in nature and were requested by                      
the department.  Representative Kott said he had nothing to                    
offer to Mr. Williams discussion of the proposed CS,                           
specifically sections 2, 3, 5 and 7 because his office had                     
worked closely with Co-chair Sharp's office and the                            
department.  He further noted that the amendments suggested                    
by the department were acceptable.                                             
                                                                               
Senator Adams referred to section 4, page 5, line 14 and Mr.                   
Williams responded saying that in order to fulfill the                         
residency requirement one must be a resident for six months.                   
                                                                               
Senator Phillips moved SCS CSHB 2(FIN).  Senator Adams                         
objected and asked for an explanation of the  piggyback                        
provision for spouses.  Mr. Williams clarified the provision                   
and Senator Adams withdrew his objection.  SCS CSHB 2(FIN)                     
work draft was adopted.   Senator Donley noted there was no                    
sponsor for amendments #1 and #2 and Senator Pearce advised                    
him that these were technical amendments and Co-chair Sharp                    
could not move them.  Therefore Senator Pearce moved                           
amendments #1 and #2 and without objection they were                           
adopted.  Senator Torgerson moved amendment #3 and Senator                     
Adams objected.  Representative Kott explained that the                        
amendment would not change the intent of the allowable                         
absences.  Both Senators Torgerson and Pearce discussed                        
outside volunteers and others being just as worthy of being                    
included under the volunteer opportunity.  By a vote of five                   
yeas (Parnell, Phillips, Donley, Torgerson, Pearce) and two                    
nays (Adams, Sharp) amendment #3 was adopted.                                  
                                                                               
Co-chair Sharp indicated that there would be a title change                    
and Mr. Williams commented to this change.                                     
                                                                               
(Tape #24 switched to Side B.)                                                 
                                                                               
Deborah Vogt, Deputy Commissioner, Department of Revenue was                   
invited to join the committee.  She explained the allowable                    
absence provision.  There followed brief discussion between                    
committee members and Ms. Vogt on availability of                              
regulations to the department regarding allowable absences.                    
In response to a question from Co-chair Sharp, Ms. Vogt said                   
she would personally rather see no allowable absences.  She                    
noted, however, that this legislation was not retroactive,                     
the number of technical changes was acceptable to the                          
department, and the seventy-two hour rule would take effect                    
immediately.  She explained that an advertising campaign for                   
the seventy-two hour rule, if necessary, would have a fiscal                   
impact to an otherwise zero fiscal note.                                       
                                                                               
Ms. Nanci Jones, Director, Permanent Fund Dividend Division,                   
Department of Revenue, was invited to join the committee.                      
She concurred with the statements of Ms. Vogt.                                 
                                                                               
In response to a question by Senator Adams, Ms. Vogt related                   
difficulties regarding the seventy-two hour rule under                         
section nine, but noted that the effective date for the                        
remaining sections was acceptable.  Senator Donley asked if                    
the ten-year cut-off could be made effective now and Ms.                       
Vogt said she did not foresee any legal problem.                               
                                                                               
Vincent Uscera, Assistant Attorney General, Civil Division                     
(Juneau), Department of Law was invited to join the                            
committee.  He said there would be no problem with the ten-                    
year cut-off date becoming immediately effective.  Senator                     
Adams asked what the sponsor thought.  Representative Kott                     
said he opposed the proposed amendment.                                        
                                                                               
Senator Donley requested an at ease.                                           
                                                                               
Co-chair Sharp called the committee to an at ease at                           
approximately 10:25 a.m. and reconvened the meeting at                         
approximately 10:30 a.m.                                                       
                                                                               
Senator Donley advised that he would offer no amendments at                    
this time.                                                                     
                                                                               
Senator Pearce offered conceptual amendment #4, which would                    
provide allowable absences for teachers in approved school                     
exchange programs.  Senators Parnell and Phillips objected.                    
By a vote of 2 yeas (Torgerson, Pearce) and 5 nays (Parnell,                   
Adams, Phillips, Donley, Sharp) amendment #4 failed.                           
                                                                               
Senator Parnell offered conceptual amendment #5 to pull out                    
peace corp and FEMA from the bill.  Senator Torgerson                          
objected.  By a vote of 5 yeas (Phillips, Parnell, Adams,                      
Pearce, Sharp) and 2 nays (Donley, Torgerson) amendment #5                     
was adopted.                                                                   
                                                                               
Senator Phillips moved SCS CSHB 2(FIN) the "R" version and                     
without objection it was reported out with accompanying zero                   
fiscal note from the Department of Revenue, Permanent Fund                     
Dividend Division.                                                             
                                                                               
                                                                               
SENATE CONCURRENT RESOLUTION NO. 19                                            
Relating to the use of prototype designs in public                             
school construction projects.                                                  
                                                                               
CS FOR SENATE CONCURRENT RESOLUTION NO. 19(HES)                                
Relating to the use of prototype designs in public                             
school construction projects.                                                  
                                                                               
Representative Eldon Mulder, sponsor of the bill was invited                   
to join the committee.  He commented specifically on  page                     
2, lines 15 - 18, noting there were unique needs in the                        
Arctic and sub-Arctic districts.  Lines 19 - 23 referred to                    
prototype schools and design and he said that one size does                    
not fit all in Alaska.  Alaska has unique traits.  Senator                     
Pearce asked if this meant that a district could build as                      
big a school as they wanted.                                                   
                                                                               
Denny Dewitt, staff to Representative Eldon Mulder replied                     
that there were limitations as to square footage.  Senator                     
Torgerson stated that there was a school engineer with the                     
department but no architect.  He asked how this would impact                   
borough schools.                                                               
                                                                               
(Tape change to #25, Side A.)                                                  
                                                                               
Mr. DeWitt referred to page 1, line 15 and said it would                       
lean heavy to non-urban districts.  Senator Adams felt the                     
language on page 2, line 15 was to restrictive and was                         
limited to elementary schools only.  Representative Mulder                     
concurred citing the Kiana elementary and upper grade                          
schools saying there were being consolidated.  Senator Adams                   
moved amendment #1 to strike "elementary" and insert "K-12"                    
on page 2 at line 15.  Mr. DeWitt advised the word                             
"elementary" need only be stricken.                                            
                                                                               
Co-chair Sharp at this time said he would hold SCR 19 in                       
committee.                                                                     
                                                                               
                                                                               
Senator Phillips moved title change to HB 2.  Senator Adams                    
objected stating that the removal of FEMA did not need a                       
title change.  Co-chair Sharp explained that the matter                        
involved dates.  Therefore, without objection the title                        
change was adopted and Mr. Williams said he would order the                    
resolution.                                                                    
                                                                               
Senator Pearce reviewed the schedule for tomorrow with the                     
committee.  She said Mr. Craig Holt would be presenting a                      
work session on Child Care Programs.                                           
                                                                               
                                                                               
ADJOURNMENT                                                                    
                                                                               
Co-chair Sharp adjourned the meeting at 11:00 a.m. until                       
9:00 a.m. tomorrow.                                                            
SFC-98 5 2/9/98                                                                

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