03/01/2010 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB260 | |
| SB244 | |
| SB209 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 209 | TELECONFERENCED | |
| += | SB 244 | TELECONFERENCED | |
| + | SB 260 | TELECONFERENCED | |
| += | SB 239 | TELECONFERENCED | |
| += | SB 92 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 1, 2010
1:32 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Dennis Egan
Senator John Coghill
MEMBERS ABSENT
Senator Lesil McGuire
COMMITTEE CALENDAR
SENATE BILL NO. 260
"An Act relating to electronic voting procedures for electric
and telephone cooperatives; and providing for an effective
date."
- HEARD AND HELD
SENATE BILL NO. 244
"An Act providing that, during the governor's term of office,
the duty station of the governor is Juneau, and prohibiting
payment of certain travel allowances for use of the governor's
personal residence."
- HEARD AND HELD
SENATE BILL NO. 209
"An Act providing the Alaska State Council on the Arts the
authority to adopt regulations relating to its statutory powers
and duties; and providing for an effective date."
- HEARD AND HELD
SENATE BILL NO. 239
"An Act relating to ignition interlock devices, to refusal to
submit to a chemical test, and to driving while under the
influence."
SCHEDULED BUT NOT HEARD
SENATE BILL NO. 92
"An Act ratifying an interstate compact to elect the President
and Vice-President of the United States by national popular
vote; and making related changes to statutes applicable to the
selection by voters of electors for candidates for President and
Vice- President of the United States and to the duties of those
electors."
- BILL HEARING POSTPONED
PREVIOUS COMMITTEE ACTION
BILL: SB 260
SHORT TITLE: ELECTRIC & TELEPHONE COOPERATIVES' VOTING
SPONSOR(s): STATE AFFAIRS
02/05/10 (S) READ THE FIRST TIME - REFERRALS
02/05/10 (S) STA, JUD
02/18/10 (S) STA RPT 3DP
02/18/10 (S) DP: MENARD, FRENCH, MEYER
02/18/10 (S) STA AT 9:00 AM BELTZ 105 (TSBldg)
02/18/10 (S) Moved SB 260 Out of Committee
02/18/10 (S) MINUTE(STA)
03/01/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 244
SHORT TITLE: GOVERNOR'S DUTY STATION/TRAVEL ALLOWANCES
SPONSOR(s): STEDMAN
01/29/10 (S) READ THE FIRST TIME - REFERRALS
01/29/10 (S) STA, JUD
02/11/10 (S) STA AT 9:00 AM BELTZ 105 (TSBldg)
02/11/10 (S) Moved SB 244 Out of Committee
02/11/10 (S) MINUTE(STA)
02/12/10 (S) STA RPT 4DP
02/12/10 (S) DP: MENARD, PASKVAN, MEYER, FRENCH
02/24/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/24/10 (S) <Bill Hearing Postponed>
03/01/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 209
SHORT TITLE: STATE COUNCIL ON THE ARTS; REGULATIONS
SPONSOR(s): MENARD
01/19/10 (S) PREFILE RELEASED 1/8/10
01/19/10 (S) READ THE FIRST TIME - REFERRALS
01/19/10 (S) EDC, JUD
02/12/10 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/12/10 (S) Moved SB 209 Out of Committee
02/12/10 (S) MINUTE(EDC)
02/17/10 (S) EDC RPT 5DP
02/17/10 (S) DP: THOMAS, MEYER, DAVIS, STEVENS,
HUGGINS
02/24/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/24/10 (S) <Bill Hearing Postponed>
03/01/10 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR LINDA MENARD
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 260.
PHIL STEYER, Manager
Government & Corporate Communications
Chugach Electric Association, Inc.
POSITION STATEMENT: Testified in support of SB 260.
DARWIN PETERSON, Staff
to Senator Bert Stedman
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Provided information on SB 244 on behalf of
the prime sponsor.
KEVIN BROOKS, Deputy Commissioner
Department of Administration
Juneau, AK
POSITION STATEMENT: Responded to questions related to SB 244.
SENATOR LINDA MENARD
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 209.
BENJAMIN BROWN, Chair
Alaska State Council on the Arts
Juneau, AK
POSITION STATEMENT: Testified in support of SB 209.
REBECCA HATTAN, Attorney
Civil Division
Department of Law (DOL)
POSITION STATEMENT: Answered questions related to SB 209.
CHARLOTTE FOX, Executive Director
Alaska State Council on the Arts
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 209.
ACTION NARRATIVE
1:32:03 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:31 p.m. Senators Egan, Coghill
and French were present at the call to order. Senator
Wielechowski arrived soon thereafter.
SB 260-ELECTRIC & TELEPHONE COOPERATIVES' VOTING
CHAIR FRENCH announced the consideration of SB 260.
1:32:44 PM
SENATOR LINDA MENARD, sponsor of SB 260, read the following
sponsor statement into the record:
Senate Bill 260 puts in statute the ability for
telephone or electric cooperatives to allow members to
vote by electronic transmission as specified by the
co-op's by-laws. The bill was filed at the urging of
co-ops around the state.
Currently, coop members may only vote in person or via
the postal service. This method, however, is outdated
and could be having a negative impact on member
participation in elections and other important
matters.
By allowing telephone and electric co-ops to permit
voting via electronic transmission approved in its by-
st
laws, the Legislature will make it so common 21
century practices may be applied to important public
involvement matters.
There is a zero fiscal note with this bill, and co-ops
in every corner of Alaska will be enthused the
Legislature has had the foresight to pass legislation
important to their public process. This bill does not
make electronic transmission voting mandatory, and
cooperatives choose whether they want to partake or
not.
Already, however, Matanuska Telephone Association
(MTA) members have voted to adopt a new bylaw allowing
electronic transmission voting. All MTA, and other co-
ops, need is for the Legislature to amend the statute
to allow these co-ops to do so.
CHAIR FRENCH told the committee that he's comfortable with the
bill having heard it in a previous committee. The key is that
it's permissive, not mandatory, he said.
SENATOR COGHILL asked for an explanation of what the bylaws
would look like under this condition.
1:36:05 PM
PHIL STEYER, Manager, Government & Corporate Communications,
Chugach Electric Association, Inc., said Chugach Electric
supports SB 260. It adds an option to what is currently allowed
in statute, but it's not mandatory. Members of a co-op would
have to vote to amend their bylaws to allow electronic voting.
Chugach Electric members already voted to amend their own bylaws
to allow this.
He pointed out that the phrase "as specified by the cooperative"
is intended to allow each cooperative to define election
procedures that work for that organization. Chugach intends for
members to vote via the Internet, but it could be something else
for another cooperative. Cooperatives that belong to the Alaska
Power Association, which is a statewide trade organization for
electric utilities, have worked to develop appropriate language
that each cooperative could support, he said.
1:38:33 PM
SENATOR WIELECHOWSKI joined the committee.
SENATOR COGHILL commented that this has been considered in a
number of different forms in the Legislature.
CHAIR FRENCH asked what it takes to change a cooperative's
bylaws.
MR. STEYER explained that Chugach Electric puts a ballot issue
before its members to amend the bylaws. A simple majority is
required. He noted that the vote in 2001 to amend the bylaws to
allow electronic voting was a significant majority.
MR. STEYER responded to Senator Coghill's question and explained
that Chugach Electric's bylaws mirror the language in AS 10.25,
which says, "A member may not vote by proxy but may vote, if the
bylaws so provide, by mail." Chugach Electric bylaws go on to
say that a ballot packet will be mailed out in advance as
specified in statute and that the Board is required to set a
record date that is consistent with state statute.
If SB 260 passes, Chugach Electric would consider whether or not
it could do electronic voting securely before moving ahead.
Electronic voting would need to be as secure as by mail and in-
person voting is today.
SENATOR WIELECHOWSKI asked if security procedures are sufficient
to do this safely.
MR. STEYER replied Chugach Electric hasn't entered any
agreement, but it has met with prospective vendors. He's spoken
with two co-ops in other states that participate in electronic
voting to ask if it increased voter turnout, if younger voters
in particular are participating, and if there have been
problems. Answers to the first two questions weren't
illuminating, but both co-ops indicated that they encountered no
problems with the process.
1:43:25 PM
SENATOR WIELECHOWSKI asked if the bill would allow a co-op to
offer only electronic elections. He said he'd have a problem
with that because a lot of his constituents don't have access to
computers.
MR. STEYER replied the statute has been amended over time as
accepted procedures and technology has changed. Initially
members could only vote in person and now they are able to vote
either in-person or by mail. The language in the bill doesn't
take away that ability, he said.
CHAIR FRENCH suggested it might be a good idea to clarify that
electronic and by mail balloting would take place simultaneously
in the same election.
SENATOR WIELECHOWSKI commented that the proposed language
appears to make it possible for a co-op to opt to offer only the
less expensive electronic voting. He reiterated that it's a
concern for those people who don't have access to a computer.
1:46:02 PM
SENATOR EGAN commented that if Alaskans can file electronically
for a PFD then they can figure this out too. He said he is
pleased that both large and small co-ops are enthusiastic about
this possibility.
CHAIR FRENCH observed that support is quite strong, and
announced he would hold SB 260 to consider some clarifying
language.
SB 244-GOVERNOR'S DUTY STATION/TRAVEL ALLOWANCES
CHAIR FRENCH announced the consideration of SB 244.
1:48:03 PM
DARWIN PETERSON, Staff to Senator Stedman, introduced himself
and related that Senator Egan would present the bill.
SENATOR EGAN read the following sponsor statement into the
record:
Senate Bill 244 will clarify state law regarding the
governor's duty station and travel allowance.
Currently in statute, there are no provisions that
require the governor to reside in the capital city and
occupy the governor's mansion during his or her term
of office. The bill specifies that the governor's duty
station, defined as the location where the governor
spends the major portion of time assigned to fulfill
the duties of office, is considered to be Juneau.
The proposed law does not prohibit the governor from
maintaining a personal residence in another part of
the state, but if he chooses to reside there and not
in the governor's mansion, he will not be entitled to
a travel allowance when away from the capital.
CHAIR FRENCH noted that the administration is available to
answer questions. He relayed that he heard the bill in a
previous committee and his initial questions had been answered.
SENATOR COGHILL said he has procedural questions for the
administration.
SENATOR WIELECHOWSKI observed that the bill says that the
governor can choose where to reside, even during the legislative
session, but he or she couldn't receive per diem when living
somewhere other than in Juneau.
MR. PETERSON clarified that the bill deals with travel
allowance, not per diem. The Alaska Administrative Manual
separates those, he said. He confirmed that that the governor
would not be required to live in Juneau. Rather, the bill
codifies in statute that Juneau is the governor's duty station.
If the governor chooses not to make the capital city his or her
home, the worst that could happen is that it would be the basis
of a complaint from the public.
1:51:33 PM
SENATOR WIELECHOWSKI asked how, if this were to pass, someone
could file a complaint against the governor for not living in
Juneau.
MR. PETERSON replied, according to Legislative Legal and
Research Services, failure to make Juneau the governor's duty
station would amount to a misuse of official position. If such a
complaint were lodged, it would be up to the executive ethics
branch to make a determination. The other options would be
recall or impeachment, but it's unlikely that either would
occur.
SENATOR WIELECHOWSKI asked if he's saying that this bill would
make where the governor lives an ethics issue.
MR. PETERSON said correct; the bill was drafted to amend the
Executive Branch Ethics Act making it mandatory that the
governor's duty station is Juneau.
SENATOR COGHILL asked what percentage of time the governor would
be required to spend in the capital city to avoid a violation.
MR. PETERSON deferred the question to the administration.
SENATOR WIELECHOWSKI asked if the Legislature has an official
duty station.
MR. PETERSON answered no.
1:55:08 PM
KEVIN BROOKS, Deputy Commissioner, Department of Administration,
explained that every position in the budget has a duty station;
it's the city where the person spends a majority of their time.
He noted that Section 2 defines the governor's duty station as
the location where he or she spends the major portion of time to
fulfill the duties of the office. He said he's unaware of
anything in writing that would define "the major portion of
time."
CHAIR FRENCH asked if the commissioners have defined duty
stations.
MR. BROOKS replied they are defined in the budget detail.
CHAIR FRENCH asked if the duty stations are set dependant on how
the administration submits the budget.
MR. BROOKS answered yes, and it's not uncommon for positions or
duty stations to move. Usually they're changed annually when the
budget is put together.
CHAIR FRENCH asked if duty stations are typically set by statute
or the budget.
MR. BROOKS replied it's not statutory; it's a management
prerogative depending on where the resource is needed. He
clarified that although they do move, a majority of the 15,000
to 17,000 permanent full-time positions in the executive branch
have a static duty station.
SENATOR COGHILL said he appreciates the sentiment behind the
bill, but he's concerned about the ethics of requiring the
governor to be in Juneau over 50 percent of the time because
that may limit his or her ability to represent all of Alaska. "I
want the office to be centered here. …it's the capital - it's
the place where it should happen. … But I don't know if I like
that language yet," he said.
1:59:19 PM
CHAIR FRENCH said that today he'd like to focus on the financial
impacts of the legislation; discussion of the potential ethics
charges could be reserved for a future hearing. He said he too
has concerns about exposing the governor to an ethics charge for
spending too much time traveling around the state. He asked Mr.
Brooks to tell the committee which travel payments would be
allowed and which would be disallowed if this were adopted.
MR. BROOKS replied the bill specifically addresses the lodging
amount. His understanding is that if a governor traveled away
from Juneau, he or she would not be eligible for a lodging
allowance if they stayed in their residence located in another
part of the state. As a rule the state does not pay for lodging
unless an invoice is presented. That would continue to be the
practice under this bill, he said.
CHAIR FRENCH noted that page 2, line 2, references "travel
allowances" and page 2, line 9, references "lodging allowance."
He asked the difference between the two.
MR. BROOKS explained that "travel allowance" would encompass all
costs a person might incur in a trip, including lodging. To
claim reimbursement a person would submit a form and attach
their receipts. The bill doesn't address a meal allowance; it's
specific to the lodging allowance.
CHAIR FRENCH asked if it's necessary to submit a receipt to get
reimbursed for meals.
MR. BROOKS explained that a claim for meal allowance would be
submitted on the travel authorization form; it specifies days
and hours in travel status. Payments are prorated based on
$60/day for meals and miscellaneous expenses, but it's not
necessary to accumulate receipts related to meals.
2:03:43 PM
SENATOR WIELECHOWSKI asked who determines the governor's and
lieutenant governor's duty station under current law.
MR. BROOKS replied the Alaska Administrative Manual (AAM)
contains the rules that govern travel for all executive branch
employees. The Department of Administration interacts with each
department's administrative services division, but it's those
directors that set the policy for their department based on the
AAM.
SENATOR WIELECHOWSKI referenced the AAM and noted that on page
60.3 it says that the duty station is essentially where the
traveler spends a major portion of their working time. He asked
if it's accurate to say that the former governor spent a major
portion of her working time in Wasilla and determined that was
her duty station.
MR. BROOKS replied his understanding it that the determination
of the Governor's Office was that the governor's duty station
was Juneau.
SENATOR WIELECHOWSKI asked if under this law a governor could
get a travel allowance for the time he or she spends in their
home in North Pole, for example.
2:06:13 PM
MR. BROOKS said that under current law and this bill the
governor would be entitled to a meal allowance at $60/day, but
not lodging. It's also important to remember that it's not
automatic; a claim must be submitted, he said.
SENATOR COGHILL observed that under this law travel is only
reimbursed from the duty station and that could create an
economic and ethical problem.
MR. BROOKS said the Alaska Administrative Manual is capable of
handling situations where travel legs are disjointed. The
policies handle a wide variety of situations so that the
traveler isn't harmed or unduly rewarded.
2:10:02 PM
SENATOR COGHILL said he wanted to make sure that this statute
would align with that sort of thinking. It wasn't that clear to
me, he added.
CHAIR FRENCH described lines 8-10 on page 2 as the meat of the
bill. It makes it clear that the governor will no longer get a
lodging allowance when staying in their personal residence away
from Juneau. The bill doesn't say the governor wouldn't be
compensated to travel from their residence to Juneau or their
residence to Washington or their residence to Eielson if it's
down the street.
SENATOR COGHILL said it was a question that occurred to him
during the testimony.
2:11:12 PM
SENATOR WIELECHOWSKI asked if the governor gets per diem.
MR. BROOKS answered no.
SENATOR WIELECHOWSKI noted that Mr. Brooks said the governor
could still claim a meal allowance and the committee may want to
change that.
MR. BROOKS clarified that the governor is not entitled to and
may not claim a lodging allowance as part of a travel allowance.
CHAIR FRENCH added that while the governor could claim a meal
allowance, it is not issued automatically. He or she would have
to submit a claim for reimbursement just like every other state
employee.
SENATOR EGAN asked what would happen if the governor stayed at a
hotel while in their community.
MR. BROOKS replied the actual lodging costs would be reimbursed
based on a receipt from the hotel.
CHAIR FRENCH said that's the paradox and at some level you have
to let your conscience be your guide.
2:13:11 PM
SENATOR WIELECHOWSKI asked Mr. Brooks if someone could file an
ethics complaint based on his reading of the personnel rules.
MR. BROOKS replied he didn't know what the basis would be but as
they've seen, anyone can file a complaint for any number of
reasons.
CHAIR FRENCH said he'll pose that question to legislative legal
because it's worth exploring. He closed public testimony and
announced he would hold SB 244 for more legal analysis.
SB 209-STATE COUNCIL ON THE ARTS; REGULATIONS
2:14:33 PM
CHAIR FRENCH announced the consideration of SB 209.
SENATOR LINDA MENARD, Sponsor of SB 209, read the following
sponsor statement:
Senate Bill 209 will provide the Alaska State Council
on the Arts the authority to adopt regulations
relating to its statutory powers and duties.
The bill has been introduced at the request of the
Alaska State Council on the Arts (ASCA), which is the
Last Frontier's state arts agency, created over 40
years ago. The council works in partnership with the
National Endowment for the Arts (NEA) to foster the
development of the arts for all Alaskans through
education, partnerships, grants and services.
Several of ASCA's programs are governed by
regulations, which ASCA has promulgated and updated
over the years. Recently ASCA has sought to improve
and streamline its grant-making policies, procedures,
and regulations. In the course of this effort, ASCA
was informed by the Department of Law that ASCA
technically does not have statutory authority to adopt
regulations under the Administrative Procedures Act
(APA). While this legal opinion is at odds with long-
standing practice, ASCA considered the advice from the
Attorney General's office, and determined that the
best way to rectify the current anomalous situation is
to amend its enabling statute to allow ASCA the
explicit statutory authority to adopt regulations.
This legislation will in essence codify existing
practice and will enable ASCA to continue to
administer and oversee its existing programs. Any and
all regulations adopted in future will have to comply
with the review and public-notice provisions of the
APA. This bill has a zero fiscal note and will help
ASCA continue performing its long-standing mission of
helping more Alaskans appreciate, create, and enjoy
the arts and having regulatory authority will directly
contribute to ASCA's ability to do so.
SENATOR WIELECHOWSKI asked her to explain the structure of the
Alaska State Council on the Arts.
SENATOR MENARD said ASCA is a state agency that was formed with
assistance from the National Endowment of the Arts. The governor
appoints the board members and they must adhere to the
Administrative Procedures Act.
SENATOR WIELECHOWSKI noted that the Workers' Compensation Board
develops their regulations through the Department of Labor and
asked if ASCA would likewise develop regulations through a
department.
2:18:50 PM
BENJAMIN BROWN, Chair, Alaska State Council on the Arts,
explained that ASCA is a stand-alone within the Department of
Education and Early Development (DEED). State employees do the
day-to-day work, but ASCA staff would draft the regulations that
would be approved by the Department of Law (DOL) and then the
Lieutenant Governor's Office. The problem came to light through
efforts to streamline ASCA grants. He noted that ASCA regrants
money it receives from the National Endowment for the Arts and
the Legislature to arts organizations like Out North Theatre,
Perseverance Theatre, Anchorage Concert Association, and
Fairbanks Drama Association. ASCA was able to streamline many
procedures in its policies, but some were ensconced in state
regulations. When ASCA asked DOL to review the proposed changes,
DOL determined that AKSA didn't have the authority to make these
changes.
CHAIR FRENCH noted that his letter summarizes the problem and
points out that the best remedy would be to add the missing
language to the statute. I believe that's wise, he said.
SENATOR WIELECHOWSKI asked if ASCA has policies and procedures
in place and if it currently works with an assistant attorney
general when it adopts regulations.
MR. BROWN answered yes; when Ms. Fox drafts something it is
reviewed by an assigned assistant attorney general. Ms. Hattan
is that person. She inherited the problem after it came to Mr.
Slotnick's attention. ASCA has also worked with Ms. Behr and Mr.
Weaver both of whom do regulatory review. These regulations
would go through all the same hoops as any other proposed
regulations, he added.
SENATOR WIELECHOWSKI asked if someone from DOL is online.
2:22:26 PM
REBECCA HATTAN, Attorney, Civil Division, Department of Law
(DOL), introduced herself.
SENATOR WIELECHOWSKI asked if this proposal is unusual.
MS. HATTAN replied it's not at all uncommon. She explained that
Alaska has advisory and non advisory councils that have the
authority to promulgate regulations. She named as examples the
Council on Domestic Violence and Sexual Assault, the Police
Standards Council, and the Fire Council.
CHAIR FRENCH asked Ms. Fox if she had anything to add to the
conversation.
CHARLOTTE FOX, Executive Director, Alaska State Council on the
Arts, related that it was a surprise to learn that ASCA didn't
have the statutory authority to promulgate regulations since it
had been operating under its regulations for a number of years.
SENATOR COGHILL questioned what will happen to the regulations
that were passed without statutory authorization.
MR. BROWN opined that they would be repromulgated. This will be
a little more work, but it would get ASCA into the public eye
and provide an opportunity to publicize changes to the grant
program.
CHAIR FRENCH closed public testimony and announced he would hold
SB 209 for a future hearing.
2:25:38 PM
There being no further business to come before the committee,
Chair French adjourned the Senate Judiciary Standing Committee
at 2:25 p.m.
| Document Name | Date/Time | Subjects |
|---|