Legislature(2013 - 2014)SENATE FINANCE 532

04/11/2014 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 216 SEXUAL ABUSE/ASSAULT PREVENTION PROGRAMS TELECONFERENCED
Moved CSSB 216(FIN) Out of Committee
+ SB 209 REGULATION OF SMOKING TELECONFERENCED
Heard & Held
+= HB 268 BIG BULL MOOSE DERBIES; SNOW TOWN ICE CL. TELECONFERENCED
Heard & Held
+ HB 32 LINES OF BUSINESS ON BUSINESS LICENSE TELECONFERENCED
Scheduled But Not Heard
+= HCR 15 TASK FORCE ON UNMANNED AIRCRAFT SYSTEMS TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                      April 11, 2014                                                                                            
                         9:07 a.m.                                                                                              
                                                                                                                                
9:07:14 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer  called the Senate Finance  Committee meeting                                                                    
to order at 9:07 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Kevin Meyer, Co-Chair                                                                                                   
Senator Anna Fairclough, Vice-Chair                                                                                             
Senator Click Bishop                                                                                                            
Senator Mike Dunleavy                                                                                                           
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Amy  Saltzman, Staff,  Senator  Lesil  McGuire; Patty  Owen,                                                                    
Education  Specialist,  Department  of Education  and  Early                                                                    
Development; Lauree  Morton, Executive Director,  Council on                                                                    
Domestic Violence  and Sexual Assault, Department  of Public                                                                    
Safety;   Representative   Tammie  Wilson;   Senator   Peter                                                                    
Micciche.                                                                                                                       
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
George  Pierce,  Self,  Kasilof; Rowena  Palomar,  Executive                                                                    
Director, Advocates  for Victims  of Violence,  Valdez; Doug                                                                    
Vincent-Lang, Director  of Wildlife, Department of  Fish and                                                                    
Game, Anchorage;  Grant L.  Lewis, President,  Tanana Valley                                                                    
Sportsman's Association, Fairbanks.                                                                                             
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 216    SEXUAL ABUSE/ASSAULT PREVENTION PROGRAMS                                                                              
                                                                                                                                
          CSSB 216(FIN) was REPORTED out of committee with                                                                      
          a "do pass" recommendation and with previously                                                                        
         published fiscal impact note: FN1 (EED).                                                                               
                                                                                                                                
SB 209    REGULATION OF SMOKING                                                                                                 
                                                                                                                                
          SB 209 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
CSHB 268(FIN)                                                                                                                   
         BIG BULL MOOSE DERBIES; SNOW TOWN ICE CL.                                                                              
                                                                                                                                
          CSHB 268(FIN) was HEARD and HELD in committee for                                                                     
          further consideration.                                                                                                
                                                                                                                                
SENATE BILL NO. 216                                                                                                           
                                                                                                                                
     "An  Act relating  to sexual  abuse and  sexual assault                                                                    
     awareness  and prevention  efforts  in public  schools;                                                                    
     establishing a  task force in  the Council  on Domestic                                                                    
     Violence  and  Sexual  Assault; and  providing  for  an                                                                    
     effective date."                                                                                                           
                                                                                                                                
9:08:28 AM                                                                                                                    
                                                                                                                                
Vice-Chair   Fairclough  MOVED   to   ADOPT  the   committee                                                                    
substitute  for   CSSB  216(FIN),  Work   Draft  28-LS1617\R                                                                    
(Mischel,  4/10/14). There  being  NO OBJECTION,  it was  so                                                                    
ordered.                                                                                                                        
                                                                                                                                
AMY SALTZMAN,  STAFF, SENATOR LESIL MCGUIRE,  announced that                                                                    
the only change  in the CS was  on page 1, lines  10 and 11,                                                                    
and  added  in consultation  with  the  Council on  Domestic                                                                    
Violence  and Sexual  Assault. The  new section  would read,                                                                    
"The  governing  body of  each  school  district, shall,  in                                                                    
consultation  with  the  Council on  Domestic  Violence  and                                                                    
Sexual  Assault adopt  and implement  a policy;  establish a                                                                    
mandatory  training  program   for  employees  and  students                                                                    
enrolled  in kindergarten  and provide  publications related                                                                    
to  sexual   assault  and   sexual  assault   awareness  and                                                                    
prevention to parents, students,  and staff. She stated that                                                                    
the  additions  followed  through to  all  the  requirements                                                                    
listed in subsection B.                                                                                                         
                                                                                                                                
PATTY  OWEN, EDUCATION  SPECIALIST, DEPARTMENT  OF EDUCATION                                                                    
AND EARLY DEVELOPMENT, introduced herself.                                                                                      
                                                                                                                                
LAUREE  MORTON,  EXECUTIVE  DIRECTOR,  COUNCIL  ON  DOMESTIC                                                                    
VIOLENCE AND  SEXUAL ASSAULT,  DEPARTMENT OF  PUBLIC SAFETY,                                                                    
introduced herself.                                                                                                             
                                                                                                                                
Vice-Chair Fairclough  stated that there were  more than 120                                                                    
school districts in Alaska and  over 120 different policies.                                                                    
She  stated  that  there  were  some  discussions  regarding                                                                    
prevention. An  education specialist was hired  to work with                                                                    
the students,  and she wondered  how the  collaboration with                                                                    
the council  was operating.  Ms. Owen  replied that  she had                                                                    
stepped  into  her position  three  years  prior to  address                                                                    
health  and  safety  issues  in  the  schools,  particularly                                                                    
domestic violence and sexual  assault prevention. She stated                                                                    
that  she  represented  Department of  Education  and  Early                                                                    
Development (DEED)  on the Council on  Domestic Violence and                                                                    
Sexual Assault.  She shared that  the focus had been  on the                                                                    
Four   R  Healthy   Relationships   Curriculum,  which   was                                                                    
voluntary curriculum that had broad  support in the state to                                                                    
develop  healthy relationships  among  students. She  stated                                                                    
that she was  currently expecting the results  from a three-                                                                    
year  formal   evaluation  of  the  implementation   of  the                                                                    
curriculum.  She  explained  that   the  Four  R  Curriculum                                                                    
addressed grades  7 through  9, and  stated that  there were                                                                    
some efforts  to add curriculum  for the  elementary grades.                                                                    
She stressed  that the curriculum  did not  address personal                                                                    
safety  education curriculum.  She  stated that  legislation                                                                    
would be the first type  of health curricula in schools. The                                                                    
education was encouraged, but not required.                                                                                     
                                                                                                                                
9:15:37 AM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough  wondered if  the adoption of  the law                                                                    
would  be  focused   on  K-12.  Ms.  Owen   replied  in  the                                                                    
affirmative.                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough  stressed that  there must  be support                                                                    
for the  child, once the  child admits their  situation. She                                                                    
wondered  how the  children would  be supported.  Ms. Morton                                                                    
responded that  there was an  intention to reach out  to the                                                                    
smaller   communities'   available   resources   that   were                                                                    
identified  as respectful  and safe  adults. The  department                                                                    
would work to incorporate the curricula in the communities.                                                                     
                                                                                                                                
Vice-Chair  Fairclough stressed  that  the school  districts                                                                    
would  not be  immediately  effective upon  adoption of  the                                                                    
curriculum. She  wondered if there  would be a  schedule for                                                                    
implementation,  to ensure  that the  safety network  was in                                                                    
place.  Ms. Morton  replied in  the affirmative.  She stated                                                                    
that  there was  some prevention  work that  was already  in                                                                    
place, and the legislation  would support and supplement the                                                                    
existing programs.                                                                                                              
                                                                                                                                
Vice-Chair  Fairclough stressed  that the  children must  be                                                                    
protected.                                                                                                                      
                                                                                                                                
Senator  Dunleavy  wondered if  the  Department  of Law  had                                                                    
weighed in  on the legislation.  Ms. Morton deferred  to the                                                                    
sponsor.                                                                                                                        
                                                                                                                                
Senator Dunleavy wondered if the  training had evolved since                                                                    
an  incident  that took  place  at  a preschool  many  years                                                                    
prior. Ms.  Owen replied  that she  was unfamiliar  with the                                                                    
case.                                                                                                                           
                                                                                                                                
Co-Chair  Meyer   asked  what  case  Senator   Dunleavy  was                                                                    
referencing.  Senator Dunleavy  responded that  the McMartin                                                                    
Preschool case in California, which had unexpected results.                                                                     
                                                                                                                                
Co-Chair  Meyer  wondered  if  the  Department  of  Law  had                                                                    
expressed an opinion on the  bill. Ms. Saltzman replied that                                                                    
the  Department   of  Law   had  not   weighed  in   on  the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough  MOVED to REPORT CSSB  216(FIN) out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CSSB  216(FIN) was  REPORTED  out of  committee  with a  "do                                                                    
pass"  recommendation and  with previously  published fiscal                                                                    
impact note: FN1 (EED).                                                                                                         
                                                                                                                                
9:23:16 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:25:27 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
CS FOR HOUSE BILL NO. 268(FIN)                                                                                                
                                                                                                                                
     "An Act relating to big bull moose derbies and the                                                                         
     Snow Town Ice Classic; and relating to permits for                                                                         
     games of chance and contests of skill."                                                                                    
                                                                                                                                
9:25:57 AM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough remarked that  there were many halibut                                                                    
derbies.  She felt  that eliminated  the  largest game,  may                                                                    
affect the  gene pool. She  wondered if there was  a concern                                                                    
about restricting the opportunity  for obtaining large game.                                                                    
She asked  if there was  a different form of  conducting the                                                                    
derbies.                                                                                                                        
                                                                                                                                
REPRESENTATIVE TAMMIE WILSON, explained  that there had been                                                                    
discussion regarding  Vice-Chair Fairclough's  concerns. She                                                                    
stated that  there were some  areas that  already designated                                                                    
the minimum  size animals. She  felt that there could  be an                                                                    
option to  bring the size  to the closest  possible minimum.                                                                    
She felt  that it would  not have  a negative effect  on the                                                                    
competition,  and   would  increase  participation   in  the                                                                    
derbies.                                                                                                                        
                                                                                                                                
Vice-Chair  Fairclough   restated  her  concern   about  the                                                                    
availability for breeding large animals.                                                                                        
                                                                                                                                
Co-Chair Meyer understood that concern.                                                                                         
                                                                                                                                
GEORGE   PIERCE,   SELF,   KASILOF   (via   teleconference),                                                                    
testified against  the legislation.  He felt that  the moose                                                                    
belonged to the residents of  Alaska, and should not be used                                                                    
to  benefit  non-profit  organizations  that  were  directed                                                                    
toward  non-residents of  Alaska.  He pointed  out that  the                                                                    
King Salmon  derby directed funds to  non-residents. He felt                                                                    
that the  non-residents of  Alaska did not  use the  meat of                                                                    
the bull moose.                                                                                                                 
                                                                                                                                
ROWENA  PALOMAR, EXECUTIVE  DIRECTOR, ADVOCATES  FOR VICTIMS                                                                    
OF VIOLENCE,  VALDEZ (via teleconference), spoke  in support                                                                    
of  the  legislation.  She stated  that  the  Advocates  for                                                                    
Victims of Violence  was eligible to receive  funds from the                                                                    
Snow Ice  Classics, that would  help reopen their  office in                                                                    
Glennallen, and  continue its operation to  better serve the                                                                    
victims of domestic violence and sexual assault.                                                                                
                                                                                                                                
9:32:54 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer CLOSED public testimony.                                                                                         
                                                                                                                                
Vice-Chair  Fairclough asked  for information  regarding the                                                                    
issues of  non-residents. Representative Wilson  stated that                                                                    
there  was  a  misunderstanding.   She  stressed  that  non-                                                                    
residents   did  not   have   different  requirements   than                                                                    
residents. The  moose would  still need to  go to  the check                                                                    
stations, and  the meat would  go with the person  that shot                                                                    
the moose, not  to the non-profit. The  non-profit was based                                                                    
on the measurement of the size of the antlers.                                                                                  
                                                                                                                                
Co-Chair Meyer  wondered if Mr.  Vincent-Lang had  heard the                                                                    
concerns about targeting large game.                                                                                            
                                                                                                                                
DOUG VINCENT-LANG, DIRECTOR OF  WILDLIFE, DEPARTMENT OF FISH                                                                    
AND  GAME, ANCHORAGE  (via teleconference),  understood that                                                                    
the  legislation  allowed non-profits  to  have  a derby  to                                                                    
raise funds  within legal seasons  and methods of  means. He                                                                    
announced  that  there  was some  concern  regarding  taking                                                                    
large animals  out of  the population,  and the  affect that                                                                    
could have  over time. He  stressed that Department  of Fish                                                                    
and Game  (DFG) closely  monitored the effects  of targeting                                                                    
large game.                                                                                                                     
                                                                                                                                
Co-Chair Meyer RE-OPENED public testimony.                                                                                      
                                                                                                                                
9:38:06 AM                                                                                                                    
                                                                                                                                
GRANT  L.   LEWIS,  PRESIDENT,  TANANA   VALLEY  SPORTSMAN'S                                                                    
ASSOCIATION,  FAIRBANKS (via  teleconference), testified  in                                                                    
support  of  the  legislation. He  stated  that  the  Tanana                                                                    
Valley  Sportsman   Association  was   one  of   the  oldest                                                                    
sportsman's groups  in the state.  He stated that  the focus                                                                    
of  the association  was on  firearms safety  education. The                                                                    
money from the derby would  help to increase those education                                                                    
programs.                                                                                                                       
                                                                                                                                
Co-Chair Meyer CLOSED public testimony.                                                                                         
                                                                                                                                
Co-Chair Meyer noted the zero fiscal note.                                                                                      
                                                                                                                                
Senator Olson looked at the last  page of the bill. He asked                                                                    
about  the   organization  referenced  on   Diomede  Island.                                                                    
Representative  Wilson   asked  for   him  to   restate  his                                                                    
question.                                                                                                                       
                                                                                                                                
Senator Olson  looked at line  7, page 4, and  wondered what                                                                    
kind of  event was on Diomede  Island. Representative Wilson                                                                    
wondered if Senator Olson meant the Snow Town Ice Classic.                                                                      
                                                                                                                                
Senator  Olson  asked  for information  about  the  City  of                                                                    
Diomede.  Representative Wilson  replied that  the reference                                                                    
to the City of Diomede was  already in statute, and the only                                                                    
new addition was the Snow Town Ice Classic.                                                                                     
                                                                                                                                
CSHB 268(FIN)  was HEARD and  HELD in committee  for further                                                                    
consideration.                                                                                                                  
                                                                                                                                
SENATE BILL NO. 209                                                                                                           
                                                                                                                                
     "An Act prohibiting smoking in certain locations; and                                                                      
     providing for an effective date."                                                                                          
                                                                                                                                
9:42:20 AM                                                                                                                    
                                                                                                                                
SENATOR  PETER  MICCICHE,   explained  the  legislation.  He                                                                    
stated  that SB  209 was  designed to  provide a  smoke-free                                                                    
work environment  for most employees in  Alaska. Second hand                                                                    
smoke  kills   more  people  in   the  United   States  than                                                                    
automobile  accidents. He  stressed that,  even though  many                                                                    
municipalities had  ordinances against second hand  smoke, a                                                                    
large  number of  Alaskans may  still be  subject to  second                                                                    
hand  smoke   in  the  workplace.   He  remarked   that  the                                                                    
legislation did not subtract from  the rights of the smoker,                                                                    
it simply  protected the  right of  the nonsmokers  from the                                                                    
choices of  others. He stressed  that there  were staggering                                                                    
statistics  about  the exposure  to  second  hand smoke.  He                                                                    
stressed  that  second hand  smoke  killed  five times  more                                                                    
people  in the  U.S. each  year than  drunk driving  and all                                                                    
combined highway fatalities.  He pointed out that  he had to                                                                    
figure out  for himself  if the  legislation was  the proper                                                                    
form of government, and he  felt that the regulations were a                                                                    
safety concern. He added that  he was a fiscal conservative,                                                                    
so  the legislation  would help  to alleviate  medical costs                                                                    
for  people  with  conditions  resulting  from  second  hand                                                                    
smoke.                                                                                                                          
                                                                                                                                
Senator Dunleavy looked  at page 3, line 5 of  the bill, and                                                                    
wondered if commercial fishing  vessels were exempt. Senator                                                                    
Micciche  replied in  the affirmative.  He stated  that they                                                                    
were exempt,  because the high  seas in the outdoors  may be                                                                    
more dangerous than the second hand smoke.                                                                                      
                                                                                                                                
Senator  Dunleavy stressed  that  those  individuals may  be                                                                    
subject to  second hand smoke. Senator  Micciche agreed, but                                                                    
felt  that  there  was  a  consideration  of  what  had  the                                                                    
greatest health risk.                                                                                                           
                                                                                                                                
9:47:46 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  queried  the  other  exemptions  that  were                                                                    
included  in  the bill.  He  felt  that the  fishing  vessel                                                                    
exemption was troubling. He surmised  that the exemption was                                                                    
a safety  issue. Senator Micciche  replied that  the primary                                                                    
concern was safety  on the fishing vessel.  He stressed that                                                                    
the  larger boats,  like  the ferries,  made  it easier  for                                                                    
people to smoke outside.                                                                                                        
                                                                                                                                
Co-Chair Meyer  he felt that  the cold weather  in Fairbanks                                                                    
may also  be a health and  safety issue. He wondered  if the                                                                    
local  option  was  made   through  the  committee  process.                                                                    
Senator Micciche responded in the affirmative.                                                                                  
                                                                                                                                
Senator  Dunleavy  surmised  that the  unorganized  boroughs                                                                    
would be governed by the state. Senator Micciche agreed.                                                                        
                                                                                                                                
Senator Olson  wondered if the  employer could smoke  in the                                                                    
workplace. Senator Micciche replied  that the employer could                                                                    
not  smoke  in  the  workplace  only  if  the  employer  had                                                                    
employees.                                                                                                                      
                                                                                                                                
Senator Olson asked  if a smoke shop owner  would be exempt.                                                                    
Senator Micciche replied in the affirmative.                                                                                    
                                                                                                                                
Senator Olson  commented that he was  not condoning smoking;                                                                    
he was merely inquiring the exemptions.                                                                                         
                                                                                                                                
Co-Chair  Meyer stressed  that he  was  concerned about  the                                                                    
health of the employees of the smoke shop.                                                                                      
                                                                                                                                
SB  209  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
9:51:44 AM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 9:51 a.m.                                                                                          

Document Name Date/Time Subjects
SB 209 - AK Dispatch Op Ed - Sparck.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Alaska Smoke-Free Indoor Workplaces Summary from Coalition.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 ATCA E-Cigarette Statement.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 CDC E-Cigarette Use Among Middle & High School Students.docx SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Commonly Asked Questions about Electronic Cigarettes.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 CS HSS Sponsor Statement.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Doyon Resolution.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Doyon Support Letter.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 ISER Anchorage Smoke Free Impacts.docx SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 List of Borough & Smoke-Free Status.docx SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Media Publications.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Saving Lives Saving Money.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Sit News Article.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Support - AK Academy Family Physicians.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Support - Alaska Dental Society.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Support - Chilkoot Charlie's Mike Gordon.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Support - Dalrymple Law.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Support - Humpy's Pete Burns.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Support - Penn Smokefree Partnership.docx SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Support & Expedite - AARP.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Support & Resolution - Mat-Su Health Foundation.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Support Emails - 43 Received from 4-4 to 4-9-14.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
SB 209 Support Emails - 63 Received up to 4-4-14.pdf SFIN 4/11/2014 9:00:00 AM
SB 209
CSHB 32(FIN) - Explanation of Changes.pdf SFIN 4/11/2014 9:00:00 AM
HB 32