Legislature(1997 - 1998)
03/12/1998 09:10 AM Senate FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
MINUTES SENATE FINANCE COMMITTEE 12 March, 1998 9:10 a.m. TAPES SFC 98 # 79, Side A (000-590) Side B (590-013) CALL TO ORDER Senator Bert Sharp, Co-Chair, convened the meeting at approximately 9:10 a.m. PRESENT In addition to Co-Chair Sharp, Senators Donley, Torgerson, Parnell and Phillips were present when the meeting was convened. Senator Adams arrived later. Also Attending: Senator ROBIN TAYLOR; Representative TOM BRICE; WAYNE REGELIN, Director, Division of Wildlife Conservation, Department of Fish and Game; DANA LATOUR, Administrative Officer, Division of Elections, Office of the Lieutenant Governor; GAIL FENUMIAI, Election Program Specialist, Elect., Office of Lt. Gov.; KATHLEEN STRASBAUGH, Assistant Attorney General, Government Affairs Section, Civil Division, Department of Law; Walter Majoros, Executive Director, Alaska Mental Heath Board; Office of the Commissioner, Department of Health and Social Services; LORRIANE DERR, Alaska State Hospital and Nursing Home Association; MIKE GREANY, Director, Division of Legislative Finance and aides to committee members and other members of the Legislature. via Teleconference: Anchorage: BILL HERMAN, Planner, Mental Health Trust Authority; Robyn Henry, National Alliance for the Mentally Ill - Alaska; Fairbanks: BILL HAGAR; LYNN LEVENGOOD, Attorney, Alaska Outdoor Council; JEANETTE GRASTO, President, Fairbanks Alliance for the Mentally Ill; SYBIL SKELTON; Kodiak: FRANCES CARTER, Kodiak Alliance for the Mentally Ill; Ketchikan: BETH CARTER, Secretary, NAMI- AK, and President, Ketchikan Alliance for the Mentally Ill. SUMMARY INFORMATION SENATE BILL NO. 250 "An Act relating to management of game and to the duties of the commissioner of fish and game." Co-Chair Sharp, sponsor of the bill, invited his staff member, Marilyn Wilson to the table. She read the sponsor statement to committee members. Co-Chair Sharp indicated he has an amendment to be offered after public testimony is heard. He noted a page taken from the Board of Game Winter 1998 Proposal Book. He pointed out the differences of definitions listed in the book to those laid out in this bill. He said the intent of the bill is to make the language more meaningful and make the definitions very clear. At this point, the committee heard public testimony. Co- Chair Sharp announced that testimony will be limited to three minutes to allow everyone a chance to participate. BILL HAGER via teleconference from FAIRBANKS was first to testify. He said the definitions and their linkage is vital to the Department of Fish and Game in implementing the intensive management plan. In his view, the department is arguing philosophy not biology and that SB 250 was needed in order to implement the laws adopted by the earlier bill, SB 77. In supporting SB 250, he is requesting fair and equal distribution for humans. LYNN LEVENGOOD via teleconference from FAIRBANKS, attorney representing the Alaska Outdoor Council supported SB 250. He asked Co-Chair Sharp about his proposed amendment and whether that would change the intent of the bill. Co-Chair Sharp explained his amendment requested very small changes that would not affect the meaning of the bill. Mr. Levengood stated his opinion that SB 250 was necessary for the implementation of the laws passed through SB 77. He said the definitions proposed in the current bill are mandatory to require the Board of Game to implement the intensive management plan. He objected to what he saw as the board's practice of trying to manage human beings rather than managing wildlife. He spoke of harvest objectives, and gave an example using the Porcupine Caribou herd. Senator Phillips asked if changes to the harvest objectives for the Porcupine herd would effect the international agreement between Alaska and Canada governing the management of the herd. It was agreed that the department representative would be better suited to address the question. SENATOR ROBIN TAYLOR testified in favor of the bill. He asked about changes proposed in the Co-Chair's amendment. Co-Chair Sharp explained his amendment. Senator Taylor voiced his support of the original version of the bill. He stated that hunter success really has nothing to do with biology. He felt the Board of Game and ADF&G's efforts to date had been totally counter-productive. Co-Chair Sharp told the committee of the work done between his office and ADF&G on this and other bills. He thanked the department for their efforts and expressed his appreciation. WAYNE REGELIN, Director, Division of Wildlife Conservation, Department of Fish and Game testified for the committee. He told them the department has no objection to the definition change to intensive management proposed in Co-Chair Sharp's upcoming amendment. He did say that the bill's definition of harvestable surplus is different than the traditional method biologists have been using for years. He explained how biologists currently determine the harvestable surplus of a population using the recruitment rate rather than the birth rate as proposed in this legislation. However he felt the department could make the necessary adjustments. Mr. Regelin said the department does not think it is wise for a mandatory fixed number of harvestable surplus to be written in statute. The reason for this is the great variations between each population and even within certain populations. Instead, ADF&G is in support of requiring the Board of Game to set number for each population in regulation. The department has begun working with the board to set up a system to determine those numbers. On the matter of sustained yield, Mr. Regelin advised against defining a set number in statutes. He warned of Department of Law's concerns on the legality of such actions. Senator Phillips inquired on the department's reasons for advising against the mandating of these numbers. Mr. Regelin explained how each population is different and subject to fluctuations. Senator Phillips asked about the definition of "biologically achievable." Mr. Regelin expressed concerns about Section 5 of the bill. Passage of this section would put two statutes in conflict. He expounded, telling the committee of the statute governing the Board of Game, which specifically prohibits fiscal authority. He felt the Department of Law should explain this further. He suggested a change to this bill that would avoid the conflict. Mr. Regelin's idea would be to change the phrase to become "identified big game population". He stressed the need to clarify that the department is to spend its resources only on populations that have been identified as in need of intervention. This would circumvent the need for the Board of Game to direct the department on where to spend funds. Mr. Regelin then spoke to Senator Phillips earlier concerns regarding the Porcupine Caribou herd. He assured the committee that any changes enacted by this legislation would not affect the international agreement with Canada. He said the harvest levels are so low that herd numbers are not significantly impacted. Senator Torgerson inquired about the accompanying fiscal note. He questioned the high costs listed and wondered if some of the proposed duties aren't already being carried out by the department. If they are, he felt the funding needed shouldn't be so large. Mr. Regelin responded that the department had already drafted a new, zero fiscal note. He explained his reasons for the high numbers indicated on the first version. At the time of first receiving the bill, he was unsure of the intent of the legislation's impact on the department and therefore wanted to show the committee the breakdown of costs of running a wolf control program. He thought it could be helpful for the legislators to see those figures. Since then, he's come to understand the intention and predicts the department could adequately run the program using existing funds. The new fiscal note would be sent to the committee soon. This concluded the public testimony for SB 250. Senator Torgerson moved for adoption of Amendment #1, drafted by Co-Chair Sharp. Senator Adams objected. There was discussion between Co-Chair Sharp and Mr. Regelin about the definition issues. Mr. Regelin stated that the amendment would help clarify things. He referred to the wording allowing certain populations to be targeted for growth rather than strictly sustained yield - like the Fortymile Caribou herd. Upon hearing that the department had a chance to study this amendment and had no problems with it, he removed his objection. There being no further objection, Amendment #1 was adopted. Senator Torgerson offered Amendment #2 and moved for its adoption. He explained this would address Mr. Regelin's concerns stated earlier regarding direction of the department's resources only to identified big game populations. There was no objection to this amendment and Co-Chair Sharp ordered Amendment #2 adopted. Senator Torgerson then moved Senate Finance Committee Substitute for SB 250 with a new, zero fiscal note from committee. Co-Chair Sharp moved the bill from committee there being no objection. SENATE CONCURRENT RESOLUTION NO. 14 Establishing the Alaska Task Force on Parity for Mental Health. CS FOR SENATE CONCURRENT RESOLUTION NO. 14(HES) Establishing the Alaska Task Force on Parity for Mental Health. WALTER MAJOROS, Executive Director of the Alaska Mental Health Board, was invited by Co-Chair Sharp to speak to this resolution. Mr. Majoros told the committee of the great deal of support for this effort. He summarized the background of the Mental Health Parity issue. Nine out of ten insurance companies treat mental health differently than they treat physical health. A federal act has been enacted, and although it has brought about some improvement, there is still great disparity. Fifteen states have already passed their own mental health parity laws and several other states are in the process of adopting similar legislation. This resolution is part of Alaska's efforts to achieve equity. He then provided some specifics on the resolution. It would establish a task force to address the mental health care issue. He described the make-up of the committee membership and detailed some other aspects of the committee. He pointed out that the task force would require no General Funds for inception or operation. The measure has been pre-funded by the Mental Health Trust Authority. The committee then heard public testimony on the resolution. BILL HERMAN via teleconference from ANCHORAGE, Planner for the Mental Health Trust Authority voiced his support for SCR 14. ROBYN HENRY via teleconference from ANCHORAGE, member of National Alliance for the Mentally Ill-Alaska told the committee about the issues and how they effect folks personally. She pledged NAMI-AK's support for the task force. The organization is willing to provide research and resources. JEANETTE GRASTCO via teleconference from FAIRBANKS, President of the Fairbanks Alliance for the Mentally Ill supported the resolution. She called the treatment of mentally ill patients different from physically ill patients, discriminatory. She referred to the zero fiscal note and said she felt that needed to be looked at. She told the committee about her children, and other young people she knows, who suffer from mental illness. Although with proper treatment, they are able to lead normal lives, they face high medical bills because their insurance does not adequately cover the costs. FRANCES CATER via teleconference from KODIAK, member of the Kodiak Alliance for the Mentally Ill said she supported SCR 14. She talked about the lifetime cap many insurance policies impose and how they are often reached after just one hospital stay. Also, people with a mental illness are often denied coverage for any new health insurance plans. She shared her experiences as a full time volunteer with KAMI. BETH LACROSSE via teleconference from KETCHIKAN, Secretary of NAMI-AK and President of Ketchikan Alliance for the Mentally Ill, testified against the current insurance discrimination. She spoke of the public disdain shown mental illness. She referred to studies proving most mental illnesses are biological. She made comparisons to mental illness insurance coverage and coverage for physical illness. She said the costs for treating a mental illness are less that those to treat most any other ailment. SYBIL SKELTON via teleconference from FAIRBANKS, testified in favor of SCR 14. She told the committee she suffers from a mental illness but with proper treatment is able to lead a normal life. She said people with a mental illness shouldn't be made to feel ashamed. She talked about her experience working in a mental hospital. According to her, most mental illnesses don't show up on laboratory tests. She indicated her desire to serve on the task force when it is formed. LORRAINE DERR, representing the Alaska State Hospital and Nursing Home Association, testified in person. Her organization supports the task force and subsequent resolution. This concluded public testimony. Co-Chair Sharp noted the zero fiscal note and asked that a revised version be prepared to show an explanation about the grant from the Mental Health Trust Authority. He felt this would avoid confusion when the resolution is presented on the Senate floor. Senator Torgerson had a question for Mr. Majoros. He wanted to know why a seat on the task force was designated for a staff member from Congress. Mr. Majoros explained that portion was not part of the original version of the resolution but was added by the Senate Health and Social Services Committee. The reason for including a congressional staff member was to help the group with the continuing federal regulation changes. The MHTA accepted this amendment. Senator Torgerson voiced his opposition to having a member of Congress' staff hold a voting seat on the task force. He said he would prefer to have a health care provider or a consumer hold that seat. Senator Parnell agreed. There was discussion between Senators Torgerson, Parnell, Phillips and Mr. Majoros regarding the number of seats the task force should contain. Senator Torgerson offered an amendment to omit the congressional staff seat and increase to two, the number of seats held by health care providers. There was no objection and Co-Chair Sharp ordered the amendment adopted. Senator Phillips made a motion to move Senate Finance Committee's substitute for SCR 14 out of committee with accompanied fiscal note with notations. There was no objection and Co-Chair Sharp so ordered. SENATE BILL NO. 185 "An Act relating to the maintenance of voter lists and to the inactivation and cancellation of voter registration; and providing for an effective date." GAIL FENUMIAI, Election Program Specialist for the Division of Elections, was invited to testify before the committee concerning this legislation. Ms. FENUMIAI addressed the intent of this bill, which is to attempt to bring Alaska State law into compliance with the National Voter Registration Act in the area of list maintenance. The NVRA was passed in 1993 and since that time the state has not been able to purge names from the voter list. In 1996 an attempt was made to change the state law and bring it into compliance, but the legislation did not meet the standards imposed by the US Department of Justice. Compliance is necessary to avoid a threatened lawsuit authorized by the federal government in 1997. A draft of the current bill has been sent to the Department of Justice in hopes they would drop their lawsuit. An informal agreement was received saying that if this legislation passed, they would drop their lawsuit. Ms. FENUMIAI described the process in which non-active voters would be notified of their possible elimination from the voting rolls. The first step would entail sending address verification cards to all registered voters - both active and inactive. Then in subsequent years, notices would be sent to voters who have had no contact with the Division of Elections. She listed the benefits of including everybody in the initial mail-out: one, the list has not been purged since 1993 and two, the Department of Justice is offended by targeted mailings. In addition, implementation of this law will save the state money in the long run. Candidates and legislators will also realize cost savings when doing mass mailings. Voter turnout numbers would also be affected by passage of this bill, bringing numbers into a realistic perspective. According to the Department of Labor, Ms. FENUMIAI quoted, Alaska's voting age population is about 418,000. Currently, there are about 440,000 registered voters on the rolls. Senator Phillips inquired as to whom would be mailed a notice advising of deletion from the registered voter list. Ms. FENUMIAI explained that notices would be mailed to registered voters who had not made any actions to signify intent to remain an active registered voter in Alaska. This is defined as those who had not voted in the past two years; or had not signed a petition; or had no contact with the DOE either by making a change of address, inquiry of polling place or other state business. Senator Adams wanted assurance that passage of this legislation would guarantee there would be no lawsuit on the matter. Senator Donley pointed out that the filing, or not filing of lawsuits can not be guaranteed because anyone is able to file a lawsuit if they desire. Ms. FENUMIAI asked that the Department of Law representative be allowed to speak to this issue. KATHLEEN STRASBAUGH, DOL was asked to join the committee. She shared her communications with the Department of Justice and told the committee that to her understanding, upon passage of this legislation, the DOJ would withdraw the pending lawsuit. She admitted that she has been unable to get them to put it in writing. However, she said they have a two-year backlog, which may be the cause of the delay. She urged the committee against making any changed to the bill saying that while she understands the concerns regarding the costs involved with mailing notices to every registered voter, it is a necessary expenditure to comply with the DOJ's standards. Senator Torgerson had questions about the fiscal note. He wondered why the postage costs were so high and if the mailing could be piggybacked onto another State mail-out. He gave the annual Permanent Fund Dividend application mail- out as an example. Ms. FENUMIAI explained that the mailing is specific to registered voters and informed the committee that a notice must be mailed to each voter. Other mail- outs, such as the PFD, are sent to every household, which may include more than one registered voter. She also talked about a DOJ stipulation that requires the Division of Elections to pay both the outgoing and the return postage. Senator Torgerson asked why the fiscal note asked for funding in years preceding FY99. Ms. Funumani cited the need for the voter registration list to be continually updated. She pointed out how the costs would significantly drop after the first year. There was further discussion about the schematics involved in notifying in-active voters and the purging process. Ms. Funumani detailed the steps the division would be taking to send a notice to those registered voters who had not voted in the last two general elections. This mail-out would be sent via non-forward-able mail. If the notice is returned showing a forwarding address, a second notice will be sent, this time by forward-able mail to that address. Any notices returned after the second mailing will be considered for deletion from the voter list. Senator Phillips wondered how Alaska stacked up to other states in its transient nature. Ms. Funumani replied that she didn't have data from other states for comparison purposes, but she did note a high occurrence of first-issue voter registration cards coming back to her office marked "undeliverable". Senator Adams asked to have SB 185 moved out of committee with accompanying fiscal note. There was no objection to this and Co-Chair Sharp so ordered. HOUSE BILL NO. 296 "An Act extending the termination date of the Alaska Minerals Commission." Representative Tom Brice, sponsor of the bill, joined the committee. He gave a brief history of the Mineral Rights Commission and why it should be continued. There was a brief discussion between Senator Torgerson and Senator Phillips about the lack of a Legislative Budget and Audit Report on the commission. It was determined one was not necessary in this case. Senator Adams moved HB 296 moved from committee and without objection it was reported out. Co-Chair Sharp made announced the 4:30 meeting scheduled for that afternoon had been cancelled. The next scheduled Senate Finance Committee meeting is Wednesday, March 19 at 9:00 a.m. ADJOURNMENT Co-Chair Sharp adjourned the meeting at approximately 10:45 a.m. SFC-98 (9) 3/12/98 am
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