Legislature(2005 - 2006)SENATE FINANCE 532

11/19/2006 05:00 PM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= SB4001 STATE EMPLOYEE SAME-SEX PARTNER BENEFITS
Scheduled But Not Heard
HB4001 PROHIBIT SAME-SEX EMPLOYMENT BENEFIT REG
Moved CSHB4001(FIN)am(efd fld) Out of Cmt
HB4002 ADV. VOTE: SAME-SEX PARTNER EMP. BENEFITS
Moved CSHB4002(FIN)(efd fld) Out of Cmt.
-- Testimony <Invitation Only> --
                            MINUTES                                                                                           
                    SENATE FINANCE COMMITTEE                                                                                  
                     Fourth Special Session                                                                                   
                       November 19, 2006                                                                                      
                           5:08 p.m.                                                                                          
                                                                                                                                
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair  Lyda  Green  convened   the  meeting  at  approximately                                                               
5:08:37 PM.                                                                                                                   
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Lyda Green, Co-Chair                                                                                                    
Senator Con Bunde, Vice Chair                                                                                                   
Senator Fred Dyson                                                                                                              
Senator Lyman Hoffman                                                                                                           
Senator Bert Stedman                                                                                                            
                                                                                                                                
Also  Attending: SCOTT  NORDSTRAND,  Commissioner, Department  of                                                             
Administration;                                                                                                                 
                                                                                                                                
Attending  via  Teleconference:  From  an  offnet  location:  JAN                                                             
DEYOUNG,  Chief  Assistant  Attorney General,  Statewide  Section                                                               
Supervisor,  Labor  &  State  Affairs  Section,  Civil  Division,                                                               
Department of Law.                                                                                                              
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
SB 4001-STATE EMPLOYEE SAME-SEX PARTNER BENEFITS                                                                                
                                                                                                                                
This bill was scheduled but not heard.                                                                                          
                                                                                                                                
HB 4001-PROHIBIT SAME-SEX EMPLOYMENT BENEFIT REG                                                                                
                                                                                                                                
The  Committee heard  from the  Department of  Administration and                                                               
the Department of Law. The bill reported from Committee.                                                                        
                                                                                                                                
HB 4002-ADV. VOTE: SAME-SEX PARTNER EMP. BENEFITS                                                                               
                                                                                                                                
The Committee  heard from the  Department of  Administration. The                                                               
bill reported from Committee.                                                                                                   
                                                                                                                                
                                                                                                                                
     CS FOR HOUSE BILL NO. 4001(FIN) am(efd fld)                                                                                
     "An Act prohibiting the  commissioner of administration from                                                               
     adopting,   allowing   to   become  law,   or   implementing                                                               
     regulations   that   grant  or   extend   employment-related                                                               
     benefits  to  same-sex  partners   of  state  employees  and                                                               
     members  of the  state retirement  systems unless  expressly                                                               
     authorized by statute."                                                                                                    
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
SCOTT  NORDSTRAND,  Commissioner, Department  of  Administration,                                                               
compared the Senate Finance Committee  substitute for SB 4001 and                                                               
the House Finance Committee substitute  for HB 4001. He commented                                                               
that  the current  committee  substitutes  diverged greatly  from                                                               
Governor  Murkowski's  original  bill,  and  explained  that  the                                                               
Senate   Finance   Committee   substitute  would   prohibit   the                                                               
commissioner of  the Department  of Administration,  the position                                                               
he  currently  holds,  from  issuing   a  regulation  to  provide                                                               
retirement or health benefits to  the same-sex partner of a State                                                               
employee.  He  continued  that   the  implementation  of  such  a                                                               
regulation would  be punishable  as a  class b  misdemeanor under                                                               
this bill.                                                                                                                      
                                                                                                                                
Commissioner   Nordstrand  reported   that  the   Senate  Finance                                                               
Committee substitute  also provides  for a retroactivity  date of                                                               
June 1,  2006. That is the  date the Alaska Supreme  Court issued                                                               
an  order requiring  the State  to provide  benefits to  same-sex                                                               
partners of State employees.                                                                                                    
                                                                                                                                
Commissioner  Nordstrand summarized  the House  Finance Committee                                                               
substitute  as  a "shorter,  simplified  version"  of the  Senate                                                               
bill.  The committee  substitute  for HB  4001  would remove  the                                                               
criminal penalties  designated in  CS SB 4001(FIN),  and contains                                                               
more concise language.                                                                                                          
                                                                                                                                
5:12:37 PM                                                                                                                    
                                                                                                                                
Commissioner  Nordstrand stressed  that CS  HB 4001(FIN)  did not                                                               
contain   a   retroactivity   provision.   He   considered   that                                                               
"important", as regulations to  provide same-sex partner benefits                                                               
were issued  by the Department  of Administration on  October 13,                                                               
2006.  The Senate  committee  substitute  would criminalize  this                                                               
act, whereas CS HB 4001 would not.                                                                                              
                                                                                                                                
5:13:04 PM                                                                                                                    
                                                                                                                                
JAN DEYOUNG, Chief Assistant  Attorney General, Statewide Section                                                               
Supervisor,  Labor  &  State  Affairs  Section,  Civil  Division,                                                               
Department of  Law, was available  via teleconference  to respond                                                               
to legal questions.                                                                                                             
                                                                                                                                
Senator  Stedman moved  to report  the bill  from Committee  with                                                               
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
Senator Bunde objected.                                                                                                         
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR:  Senator Hoffman, Senator  Stedman, Senator  Dyson, and                                                               
Co-Chair Green                                                                                                                  
                                                                                                                                
OPPOSED: Senator Bunde                                                                                                          
                                                                                                                                
ABSENT: Senator Olson and Co-Chair Wilken                                                                                       
                                                                                                                                
The motion PASSED (4-1)                                                                                                         
                                                                                                                                
CS HB 4001(FIN)am(efd fld) was  REPORTED from Committee with zero                                                               
fiscal  note  #1  from  the   Department  of  Administration  and                                                               
indeterminate fiscal note #2 from the Department of Law.                                                                        
                                                                                                                                
5:14:35 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
     CS FOR HOUSE BILL NO. 4002(FIN)(efd fld)                                                                                   
     "An Act authorizing an advisory vote on employment benefits                                                                
     for same-sex partners of public employees and same-sex                                                                     
     partners of public employee retirees."                                                                                     
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
SCOTT  NORDSTRAND,  Commissioner, Department  of  Administration,                                                               
explained  that the  bill would  fund  a special  election for  a                                                               
state-wide advisory  vote on  April 3, 2007  to allow  voters the                                                               
opportunity  to   indicate  their  preferences  on   a  potential                                                               
constitutional  amendment prohibiting  the  State from  extending                                                               
benefits to  same-sex couples. If the  advisory vote demonstrated                                                               
support for the  proposed amendment, it would appear  on the 2008                                                               
general election  ballot. He understood  the advisory  vote would                                                               
coincide  with the  Municipality  of Anchorage's  election in  an                                                               
attempt to minimize the costs of the special election.                                                                          
                                                                                                                                
5:16:08 PM                                                                                                                    
                                                                                                                                
Senator  Hoffman voiced  concern that  voter turnout  for special                                                               
elections was historically low, and  voters in Anchorage may have                                                               
more incentive to participate on  election day if there are other                                                               
issues  on  the  ballot.  He   was  concerned  Anchorage  may  be                                                               
disproportionately represented in the election results.                                                                         
                                                                                                                                
5:16:49 PM                                                                                                                    
                                                                                                                                
Commissioner Nordstrand  replied that  the Division  of Elections                                                               
may be able  to address Senator Hoffman's concern.  He added that                                                               
other  municipal elections  could also  be  held on  that day  to                                                               
encourage voters in other areas to take part in the election.                                                                   
                                                                                                                                
5:17:30 PM                                                                                                                    
                                                                                                                                
Senator  Stedman moved  to report  the bill  from Committee  with                                                               
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There being no  objection, CS HB 4002(FIN)(efd  fld) was REPORTED                                                               
from Committee  with fiscal note  #1 in the amount  of $1,156,300                                                               
from the Division of Elections.                                                                                                 
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Lyda Green adjourned the meeting at 5:18:01 PM                                                                       

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