Legislature(2001 - 2002)

05/04/2001 07:17 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                              MINUTES                                                                                         
                     SENATE FINANCE COMMITTEE                                                                                 
                           May 04, 2001                                                                                       
                              7:17 PM                                                                                         
                                                                                                                                
                                                                                                                                
TAPES                                                                                                                       
                                                                                                                                
SFC-01 # 96, Side A                                                                                                             
SFC 01 # 96, Side B                                                                                                             
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair  Pete Kelly reconvened  the meeting  at approximately  7:17                                                            
PM.                                                                                                                             
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Dave Donley, Co-Chair                                                                                                   
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Loren Leman                                                                                                             
Senator Gary Wilken                                                                                                             
Senator Lyman Hoffman                                                                                                           
Senator Alan Austerman                                                                                                          
Senator Donny Olson                                                                                                             
Senator Jerry Ward                                                                                                              
                                                                                                                                
Also Attending:  REPRESENTATIVE  PETE KOTT; DIANE BARRANS, Executive                                                          
Director, Alaska  Postsecondary Education Commission,  Department of                                                            
Education  and Early Development;  GAIL  FENUMIAI, Election  Program                                                            
Specialist,  Division   of  Elections,  Office  of  the   Lieutenant                                                            
Governor                                                                                                                        
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
HB 242-TRS & PERS REEMPLOY & MED BENEFITS; COLA                                                                                 
                                                                                                                                
The  Committee  heard from  the  sponsor  and  moved the  bill  from                                                            
Committee.                                                                                                                      
                                                                                                                                
HB 204-STUDENT LOANS/COMN. ON POSTSECONDARY ED.                                                                                 
                                                                                                                                
The  Committee heard  from  the Department  of Education  and  Early                                                            
Development                                                                                                                     
                                                                                                                                
                                                                                                                                
     CS FOR HOUSE BILL NO. 242(FIN)                                                                                             
     "An Act  relating to reemployment  of and medical benefits  for                                                            
     retired members  of the teachers' retirement  system and public                                                            
     employees'  retirement  system;  relating to  the inclusion  of                                                            
     cost-of-living   differentials  on  compensation  and  benefits                                                            
     under  the public employees'  retirement system; and  providing                                                            
     for an effective date."                                                                                                    
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   PETE   KOTT   testified   this  bill   "offers   an                                                            
opportunity" for  retired members of the Teachers  Retirement System                                                            
(TRS) and the  Public Employees Retirement  System (PERS)  to return                                                            
to work within  the system. In addition, he said,  the bill provides                                                            
greater  incentive for  retaining these  PERS and  TRS members.   He                                                            
stressed  there is a recognized  shortage of  teachers in the  state                                                            
and he told of  the "brain drain" impact from the  departure of many                                                            
state  employees to  the private  sector.  He suggested  this  could                                                            
either be  because the private  sector is  paying salaries  that are                                                            
too high, or  that state government  is paying too little.  He noted                                                            
efforts other  states have  taken to attract  teachers by  providing                                                            
incentives. He gave as  an example the State of California, which is                                                            
providing  down payments on  home purchases  in addition to  signing                                                            
bonuses.                                                                                                                        
                                                                                                                                
Representative Kott detailed the bill as follows.                                                                               
                                                                                                                                
     Section  1 - requires  that a school  district must confirm  by                                                            
     resolution  and  adopt a  policy, indicating  that  there is  a                                                            
     shortage of teachers in that district.                                                                                     
                                                                                                                                
     Sections  2  &  4 -  relates  to  the  incentives  for  retired                                                            
     teachers  to return to full-time  teaching for a TRS  employer.                                                            
     Provides  that a retired teacher  who returns to work  collects                                                            
     their earned  retirement income in addition to  the salary paid                                                            
     for  the teaching  position.  New  retirement  benefits do  not                                                            
     accrue for these employees.                                                                                                
                                                                                                                                
Representative  Kott qualified that  teachers who retired  under the                                                            
Retirement Incentive  Plan (RIP) are not eligible  for re-hire under                                                            
the provisions of this legislation.                                                                                             
                                                                                                                                
     Sections  3, 5, 12 & 16 - repeals  the "TRS Return Initiative"                                                             
     provided in this legislation effective in the year 2005.                                                                   
                                                                                                                                
     Section  6  -  addresses  the  TRS  Tier  II  medical  benefits                                                            
     enhancement.   Teachers,  who  continue   to  work  in  TRS  an                                                            
     additional five years  beyond the normal retirement eligibility                                                            
     of 20 years,  qualify for full-system paid medical  coverage at                                                            
     age 60.                                                                                                                    
                                                                                                                                
Representative Kott noted  this enhancement is an attempt to attract                                                            
new  teachers and  to retain  existing  teachers  who are  currently                                                            
members of  TRS in the  Tier II retirement  program. He stated  that                                                            
currently  these  employees  are not  eligible  to  receive  system-                                                            
provided  medical coverage  until the age of  60, at which  time the                                                            
retirement system  pays half and the retiree is responsible  for the                                                            
remaining half  of expenses. This, he pointed out,  is regardless of                                                            
the number of years the employee worked in TRS.                                                                                 
                                                                                                                                
Representative  Kott  surmised  these  additional   benefits  should                                                            
ensure there are quality teachers in Alaska's schools.                                                                          
                                                                                                                                
     Sections  7  &  8  -  provides  the  same  incentives  to  PERS                                                            
     retirees,  although the  state is not  required to determine  a                                                            
     shortage.                                                                                                                  
                                                                                                                                
     Section  10 - gives incentives  for public employees  to remain                                                            
     in TRS or PERS for 30 years.                                                                                               
                                                                                                                                
Representative  Kott pointed out that, as with TRS  members, Tier II                                                            
PERS employees are current  not eligible for system-provided medical                                                            
coverage until the age  of 60 at which time half of the premiums are                                                            
paid  by  the  retirement  system.  Under  the  provisions  of  this                                                            
Section, he  informed, full benefits  are paid for PERS members  who                                                            
worked at least 30 years.                                                                                                       
                                                                                                                                
Representative   Kott  asserted,  "there  is  very  little   impact,                                                            
financially  on  the  state."  He  referenced  the  fiscal  note  to                                                            
demonstrate.                                                                                                                    
                                                                                                                                
     Section  11  - simplifies  the  geographical  pay differential                                                             
     method                                                                                                                     
                                                                                                                                
Representative  Kott  stated this  provision would  allow  employees                                                            
working in  remote locations to know  the exact amount of  increased                                                            
retirement benefits.                                                                                                            
                                                                                                                                
Representative   Kott  indicated   the  changes  in  the   committee                                                            
substitute  primarily pertain  to the  TRS benefits.  He stated  the                                                            
committee   substitute  also  changes   the  repeal  date   of  this                                                            
legislation from  five, to four years. He explained  this change was                                                            
made  based  upon  projections  showing  the  effectiveness  of  the                                                            
program in five years.                                                                                                          
                                                                                                                                
Co-Chair Donley offered  a motion to move SCS CS HB 242, 22-LS0885\L                                                            
from  Committee with  $91,000  fiscal note  from  the Department  of                                                            
Administration, Division of Retirement and Benefits.                                                                            
                                                                                                                                
There was no objection and the bill MOVED from Committee.                                                                       
                                                                                                                                
                                                                                                                                
     HOUSE BILL NO. 204                                                                                                         
     "An  Act relating  to the  Alaska Commission  on Postsecondary                                                             
     Education and the  Alaska Student Loan Corporation; relating to                                                            
     student  financial  aid programs  and  the financing  of  those                                                            
     programs;  establishing the Alaska  Advantage Loan Program  and                                                            
     the Alaska Supplemental  Education Loan Program; increasing the                                                            
     bonding authorization  of the Alaska Student  Loan Corporation;                                                            
     providing for liens  resulting from a default under AS 14.43 or                                                            
     AS  14.44; relating  to the  duties of  the recorder  regarding                                                            
     those  liens; relating to defaults  under the Western  Regional                                                            
     Higher  Education  Compact;  relating  to  the  prohibition  on                                                            
     discrimination  regarding programs under AS 14.43;  relating to                                                            
     fees  for the  review of  certain postsecondary  institutions;                                                             
     making  conforming amendments;  and providing for an  effective                                                            
     date."                                                                                                                     
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
DIANE   BARRANS,   Executive   Director,    Alaska   Commission   on                                                            
Postsecondary   Education,   Department  of   Education  and   Early                                                            
Development,  testified in Juneau  that the bill creates  the Alaska                                                            
Advantage Student Loan  Model. She explained this loan program would                                                            
provide benefits  to borrowers, institutions and the  Alaska Student                                                            
Loan Corporation  by combining  federally  guaranteed student  loans                                                            
with state  loans,  which would  be supplemental  to the  guaranteed                                                            
loans.                                                                                                                          
                                                                                                                                
Ms. Barrans  stated  the objective  of this  model is  to allow  the                                                            
Corporation  to finance  the  loans and  the Commission  to  service                                                            
them.  Because the  federal portion  of the  Commission's  portfolio                                                            
would be subsidized  and guaranteed  by the federal government,  she                                                            
remarked  that the  loans  could be  offered a  substantially  lower                                                            
interest   rates   then  loans   traditionally   financed   by   the                                                            
Corporation.  She elaborated that  by authorizing the Commission  to                                                            
package the loans,  borrowers could be offered the  "lowest possible                                                            
borrowing rates"  and the borrowers  could receive funding  from one                                                            
source rather than multiple  lenders. She added that borrowers would                                                            
also become eligible  for consideration for federal  grant funds for                                                            
the application process.                                                                                                        
                                                                                                                                
Ms. Barrans continued noting  program changes generated by following                                                            
the  federal student  loan  model  would  expand the  repayment  and                                                            
deferment options available  to borrowers. She added this would also                                                            
allow borrowers  to consolidate all  educational debt with  a single                                                            
Alaskan lender.                                                                                                                 
                                                                                                                                
Ms. Barrans pointed  out benefits to the institutions  participating                                                            
in the model by  providing a retention and recruitment  tool through                                                            
the  improved  interest  rates,  which  would  ease  administration                                                             
efforts  by streamlining  financial  aid delivery.  She noted  these                                                            
loans would  have comparable  terms that  would allow financial  aid                                                            
counselors working with  potential borrowers, the ability to compare                                                            
loan  products.  She  stated  this  would  also  provide   "targeted                                                            
financial  rewards"  to  borrowers  who  remain in,  or  return  to,                                                            
Alaska.  She told  of the  additional  support for  institutions  to                                                            
manage the default rate of these loans.                                                                                         
                                                                                                                                
Ms. Barrans asserted  that besides providing these  benefits to both                                                            
institutions  and borrowers,  there would  also be "clear  financial                                                            
benefits"  to  the Corporation.  She  detailed  there  would be  new                                                            
income streams to the Corporation  through the interest subsidies on                                                            
a certain portion  of the federal  loans made under this  model. She                                                            
also told of  the special allowance  the federal government  pays to                                                            
lenders in its programs  to protect against fluctuations in interest                                                            
rates. She continued  this would eliminate 98 percent  of the losses                                                            
due to  default, death,  disability  and bankruptcy  on those  loans                                                            
that were federally guaranteed.                                                                                                 
                                                                                                                                
Ms. Barrans remarked that  the combination of the financial benefits                                                            
would allow the Corporation  to enhance its underlying credit rating                                                            
from AA to AAA.                                                                                                                 
                                                                                                                                
Ms.  Barrans  spoke of  secondary  objectives  of  the legislation,                                                             
including  identification  in  the  findings  section of  the  bill,                                                            
relating to the  mission of the Commission and the  Corporation as a                                                            
student-focused   delivery  system.   She  noted  the  Commission's                                                             
functions are  updated in this legislation  as well; by eliminating                                                             
provisions  no longer applicable because  the federal programs  have                                                            
been  discontinued   or  modified.  She  continued  explaining   the                                                            
Commission's collection  authority would be clarified to provide the                                                            
same collection  authority  for all  the financial  aid programs  it                                                            
administers  in the event  of default. She  stated this legislation                                                             
also  allows  the  Commission  to  issue  administrative   liens  in                                                            
addition  to administrative  wage garnishment  authority  previously                                                            
granted.                                                                                                                        
                                                                                                                                
Ms. Barrans  noted this legislation  would allow the Corporation  to                                                            
offer extended  maturities  on the bonds issued  in the event  it is                                                            
financially  advantageous  to the  Corporation.  She  said it  would                                                            
allow the Corporation  to increase  the amount of bonds issued  in a                                                            
two-year period of time.                                                                                                        
                                                                                                                                
Ms.  Barrans concluded  that  the  bill provides  that  the  current                                                            
student loan  program remains in place  for the next year  while the                                                            
model is prepared for implementation in the fall of 2002.                                                                       
                                                                                                                                
Co-Chair Donley  pointed out the type of funds are  not specified in                                                            
the fiscal note.                                                                                                                
                                                                                                                                
Ms.  Barrans  indicated   a  new  fiscal  note  would   be  prepared                                                            
correcting this error and  showing the fund source as Alaska Student                                                            
Loan Corporation Receipts.                                                                                                      
                                                                                                                                
Senator Wilken  offered a motion to move HB 204 from  Committee with                                                            
a forthcoming  fiscal  note  from the  Department  of Education  and                                                            
Early Development.                                                                                                              
                                                                                                                                
The bill MOVED from Committee without objection.                                                                                
                                                                                                                                
AT EASE 7:34 PM / 7:46 PM                                                                                                       
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 186                                                                                                        
     "An Act establishing a limit on the general obligation debt                                                                
     that may be authorized and issued by home rule and general law                                                             
     municipalities; and providing for an effective date."                                                                      
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.  [It was  indicated  on record  that this  was the  third                                                            
hearing;  however it  was scheduled  but  not actually  heard at  an                                                            
earlier meeting.]                                                                                                               
                                                                                                                                
Co-Chair  Donley stated that  the proposed  committee substitute  is                                                            
intended to address concerns raised at the previous hearing.                                                                    
                                                                                                                                
Co-Chair Donley moved to  adopt CS SB 186, 22-LS0851\F, as a working                                                            
draft.                                                                                                                          
                                                                                                                                
Without objection the committee substitute was ADOPTED.                                                                         
                                                                                                                                
Co-Chair Donley detailed  three changes in the committee substitute.                                                            
The first change, he said,  begins with Section 2 and provides for a                                                            
"slow phasing  in" of the ten-year  cap restricting the North  Slope                                                            
Borough from  issuing bonds  imposed on the  local share of  oil and                                                            
gas property tax.  He explained this stipulation reduces  the amount                                                            
of bonding authority to one mil per year for ten years.                                                                         
                                                                                                                                
Co-Chair Donley detailed  the second change, which occurs in Section                                                            
15 (b) and allows  additional debt to be incurred  by a municipality                                                            
that  would otherwise  be  restrained under  the  provisions in  the                                                            
bill.  He asserted  this  is an  "extraordinarily  generous"  yearly                                                            
allocation  of debt since  the statewide average  is lower  than the                                                            
amount allowed in these provisions.                                                                                             
                                                                                                                                
Co-Chair  Donley then  told of the  final change  to allow  existing                                                            
bonds  to be refinanced  so  long as the  debt does  not extend  the                                                            
length of the  original loan. He explained this enables  the borough                                                            
to realize  savings when  lower interest  rates are available.  This                                                            
language is contained in Section 16 of the committee substitute.                                                                
                                                                                                                                
Senator  Ward inquired  about the  North Slope  Borough's  permanent                                                            
fund and its relationship to the bonding limits.                                                                                
                                                                                                                                
Co-Chair Donley  suggested that the  phasing down of the  20-mil oil                                                            
and gas property tax availability  would have a limiting effect upon                                                            
issuance of new debt also.                                                                                                      
                                                                                                                                
Co-Chair  Kelly requested  further explanation  about the change  to                                                            
Section 15.                                                                                                                     
                                                                                                                                
Co-Chair  Donley  reminded of  concerns  expressed  at the  previous                                                            
hearing from former  Attorney General Avrum Gross  that the bill had                                                            
no provision for  additional debt or flexibility for  existing debt.                                                            
Co-Chair Donley stated  the committee substitute provides "a limited                                                            
amount" of additional debt  on an annual basis that would not exceed                                                            
$1000 per capita.                                                                                                               
                                                                                                                                
Co-Chair Kelly commented this would be "a tremendous amount".                                                                   
                                                                                                                                
Co-Chair Donley  agreed citing that the average community  in Alaska                                                            
has less  then $3000  total debt  per capita  incurred over  several                                                            
years.  He reiterated  this  is  a "very  generous  allocation"  for                                                            
additional  debt.  He noted  that  there would  be a  "buy-down"  of                                                            
existing debt over a period of time.                                                                                            
                                                                                                                                
Senator  Olson  acquiesced  this  committee  substitute  "offers  an                                                            
approach  to  try to  fix some  of  the difficulties   that were  so                                                            
glaring." However,  he stressed, "We're dealing with  a very serious                                                            
bill here,"  and asserted  that this legislation  is not the  proper                                                            
method to address  such an important  issue. He criticized  the lack                                                            
of public notice  allowing for input, referring to  the time between                                                            
placement of the bill on  the agenda, and the actual hearings within                                                            
24 hours of each other.  He suggested that any legislation affecting                                                            
the bonding  authority for many other  Alaskan communities,  such as                                                            
Anchorage,  Fairbanks  and the  Mat-Su Borough,  there  would be  an                                                            
opportunity for  "weeks and weeks" of public hearings  on the issue.                                                            
He  emphasized  there  is no  authority  to  provide  for  emergency                                                            
situations  such as the loss of a  school building or health  clinic                                                            
to  fire. He  asserted  the  expedition of  this  bill demonstrated                                                             
"extreme short-sidedness  for us to try to pass legislation out of a                                                            
distinguished committee such as this."                                                                                          
                                                                                                                                
Senator Olson requested 24 hours to review the legislation.                                                                     
                                                                                                                                
Co-Chair  Kelly responded  that the committee  substitute  addresses                                                            
the concerns  raised by Senator  Olson in  that it allows the  North                                                            
Slope Borough  to bond up to $1000 per capita per  year, which would                                                            
accommodate emergencies.                                                                                                        
                                                                                                                                
Senator Olson  calculated  8,000 residents  in the Borough  at $1000                                                            
per resident and stressed, "I've got to build two schools."                                                                     
                                                                                                                                
Co-Chair Donley  stated this provision allows bonding  of $8 million                                                            
per year, which he remarked is a "very very significant amount"                                                                 
                                                                                                                                
Senator Olson  repeated his  request for  additional time to  review                                                            
the legislation.                                                                                                                
                                                                                                                                
Co-Chair Kelly  stated he would accommodate the request  and ordered                                                            
the bill HELD in Committee.                                                                                                     
                                                                                                                                
AT EASE 7:55 PM / 8:15 PM                                                                                                       
[Note:  Audio  recorder   continued  recording  during   this  time,                                                            
although receiving equipment  was turned off, resulting in a section                                                            
of tape with no sound. No portion of the meeting was omitted.]                                                                  
                                                                                                                                
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 193(JUD)                                                                               
     "An Act relating to the primary election and to the nomination                                                             
     of candidates for the general election; and providing for an                                                               
     effective date."                                                                                                           
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Amendment #1:  This amendment inserts a new bill section  on page 1,                                                            
following line 3, to read as follows.                                                                                           
                                                                                                                                
     Section 1. AS 15.13.110(f)(2) is amended to read:                                                                          
                                                                                                                                
                     (2) a person who has filed a nominating                                                                    
          petition under AS 15.25.140 - 15.25.200 to become a                                                                   
          candidate at the general [PRIMARY] election for elective                                                            
          state executive or legislative office;                                                                                
                                                                                                                                
Senator Hoffman moved for adoption.                                                                                             
                                                                                                                                
Co-Chair Kelly objected for discussion.                                                                                         
                                                                                                                                
GAIL FENUMIAI,  Election Program Specialist, Division  of Elections,                                                            
Office of the  Lieutenant Governor, testified the  legislation makes                                                            
changes  related to  the filing  of reports  and  the nomination  of                                                            
candidates.  She explained  the amendment  replaces language  in the                                                            
statutes governing  the Alaskan Public Offices Commission  (APOC) to                                                            
conform to the legislation.                                                                                                     
                                                                                                                                
                                                                                                                                
SFC 01 # 96, Side B 08:17 PM                                                                                                    
                                                                                                                                
                                                                                                                                
Co-Chair Donley  asked if a similar  amendment would be required  to                                                            
align APOC statutes with  the House Finance Committee version of the                                                            
bill, should the Senate Finance Committee adopt this version.                                                                   
                                                                                                                                
Ms. Fenumiai responded  the issue was not brought  to the Division's                                                            
attention  until   after  the  bill  passed  the  Senate   Judiciary                                                            
Committee.   Therefore,  she  said   such  an  amendment   would  be                                                            
necessary.                                                                                                                      
                                                                                                                                
AT EASE 8:17 PM / 8:18 PM                                                                                                       
                                                                                                                                
Senator Hoffman  WITHDREW his motion to adopt the  amendment without                                                            
objection.                                                                                                                      
                                                                                                                                
Co-Chair Donley  moved to adopt CS HB 193 (FIN) as  a working draft.                                                            
                                                                                                                                
There was no objection and the committee substitute was ADOPTED.                                                                
                                                                                                                                
Senator Hoffman re-offered his motion to adopt Amendment #1.                                                                    
                                                                                                                                
The amendment was ADOPTED without objection.                                                                                    
                                                                                                                                
Ms.  Fenumiai brought  to  the Committee's  attention  a  difference                                                            
between  the Senate  Judiciary committee  substitute  and the  House                                                            
Finance committee  substitute that the Senate Finance  Committee may                                                            
wish to address. She identified  this as the language governing "no-                                                            
party" candidates  in Section  5 and  6 on page  3, line 17  through                                                            
page 5, line  2, of the Senate Judiciary  committee substitute.  She                                                            
relayed  that the House  Judiciary Committee  determined that  these                                                            
candidates  do not need to  appear on the  primary election  ballots                                                            
since they do  not represent a political party. She  stated that the                                                            
Senate Judiciary  Committee  had concerns  that these candidates  do                                                            
not  have to  file  any paperwork  until  the  date of  the  primary                                                            
election.  As  a  result,   she  explained,  the  Senate   Judiciary                                                            
Committee   changed  the  legislation   to  provide  that   no-party                                                            
candidates must  file a declaration of candidacy on  June 1 but that                                                            
they did not have to submit  the necessary petition signatures until                                                            
the primary election day.                                                                                                       
                                                                                                                                
Co-Chair  Donley  asked  if  the  Senate  Judiciary  Committee  also                                                            
addressed language on page  4, line 31 of that committee's committee                                                            
substitute.                                                                                                                     
                                                                                                                                
Ms. Fenumiai  replied these changes  were made in the House  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Ms. Fenumiai elaborated  on Sections 5 and 6 of the Senate Judiciary                                                            
committee   substitute.  She  relayed   that  the  House   Judiciary                                                            
Committee had amended the  bill to change the filing deadline of no-                                                            
party candidates  from the date of  the primary election  to June 1.                                                            
However, she informed,  court decisions found that a filing deadline                                                            
of June  1 for a candidate  that does not  appear on a ballot  until                                                            
the general election, was  too long of a time frame. She told of the                                                            
concerns of the Senate  Judiciary Committee that no-party candidates                                                            
are  not required  to  submit  APOC disclosures  until  the  primary                                                            
election,  which   resulted  in  an  unequal  "playing   field".  In                                                            
response, she  reiterated, that Committee decided  to adopt the June                                                            
1  filing deadline  and  set  the  deadline for  the  submission  of                                                            
signatures at  the date of the primary election. Under  this method,                                                            
she explained,  the no-party candidates would be required  to follow                                                            
the APOC guidelines in  the same manner as candidates of a political                                                            
party.                                                                                                                          
                                                                                                                                
Senator Ward asked  if statutes precluded a no-party  candidate from                                                            
filing for one public office  on June 1 then changing that filing to                                                            
a different public office.                                                                                                      
                                                                                                                                
Ms. Fenumiai answered that  statutes stipulate a candidate could not                                                            
run for more than one office simultaneously.                                                                                    
                                                                                                                                
Senator Ward asked if "filing  for office" is considered the same as                                                            
"running for office".                                                                                                           
                                                                                                                                
Ms. Fenumiai responded  that declaration of candidacy  forms contain                                                            
an  oath stipulating  that  the candidate  has  not  filed for  that                                                            
office under  any other  petition or declaration  of candidacy,  nor                                                            
has that candidate  filed for any  other office in the election  for                                                            
which they  seek an office.  These forms,  she explained, state  the                                                            
candidates  intent to run  for a specific  public office. She  added                                                            
that this provision is in current statute.                                                                                      
                                                                                                                                
Senator Ward asked if a  petition of candidacy precludes a candidate                                                            
from running for any other public office.                                                                                       
                                                                                                                                
Ms. Fenumiai affirmed.                                                                                                          
                                                                                                                                
Amendment #2:  This amendment replaces Section 5 of  CS HB 193 (FIN)                                                            
with the language of Section  5 of SCS CS HB 193 (JUD). The language                                                            
reads as follows.                                                                                                               
                                                                                                                                
          Sec. 15.25.150. Date of filing petition. A candidate                                                                
     seeking  nomination by  petition shall  submit the information                                                           
     required  under AS 15.25.180  (a)(1)-(8)  and (11)-(17)  to the                                                          
     director in the time  and manner specified in AS 15.25.040. The                                                          
     full petition with  voter signatures shall be [THE PETITION IS]                                                          
     filed with  the director by actual physical delivery  in person                                                            
     at  or before 5:00  p.m., prevailing  time, on  the day  of the                                                            
     primary  election  [JUNE  1] in  the year  in which  a  general                                                            
     election  is  held  for  the  office,  or  by  actual  physical                                                            
     delivery  to  the  director by  registered  or  certified  mail                                                            
     return  receipts requested  which  is postmarked  at or  before                                                            
     5:00 p.m., prevailing  time, on the day of the primary election                                                          
     [JUNE  1] in the year in which  a general election is  held for                                                            
     the  office, and  received  not more  than 15  days after  that                                                            
     time. If  the postmark is illegible, a dated  receipts from the                                                            
     post office  where dispatched  shall be acceptable as  evidence                                                            
     of mailing.  [IF JUNE 1 IS A  SUNDAY OF HOLIDAY, THE  DEADLINES                                                            
     FOR POSTMARKING  AND RECEIPT OF THE PETITION  SHALL BE EXTENDED                                                            
     24 HOURS IN EACH INSTANCE.]                                                                                                
                                                                                                                                
     New Text Underlined [DELETED TEXT BRACKETED]                                                                               
                                                                                                                                
Co-Chair Donley moved for adoption.                                                                                             
                                                                                                                                
Without objection, the amendment was ADOPTED.                                                                                   
                                                                                                                                
Co-Chair Donley inquired about the fiscal note.                                                                                 
                                                                                                                                
Ms.  Fenumiai informed  that  the amount  indicated  on the  current                                                            
fiscal note would not change.                                                                                                   
                                                                                                                                
Co-Chair Donley offered a motion to move CS SB 193 (FIN), as                                                                    
amended, from Committee with $5,200 fiscal note from the Division                                                               
of Elections, Office of the Lieutenant Governor.                                                                                
                                                                                                                                
The bill MOVED from Committee without objection.                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Pete Kelly adjourned the meeting at 08:30 PM                                                                           

Document Name Date/Time Subjects