Legislature(1997 - 1998)
02/10/1998 03:37 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
February 10, 1998
3:37 p.m.
MEMBERS PRESENT
Senator Lyda Green, Chairman
Senator Jerry Ward, Vice-Chairman
Senator Mike Miller
Senator Jim Duncan
MEMBERS ABSENT
Senator Jerry Mackie
COMMITTEE CALENDAR
SENATE BILL NO. 255
"An Act establishing the Joint Committee on Military Bases in
Alaska; and providing for an effective date."
- MOVED CSSB 255(STA) OUT OF COMMITTEE
SENATE BILL NO. 275
"An Act relating to contributions to the governor, the lieutenant
governor, and candidates for the offices of governor and lieutenant
governor; and providing for an effective date."
- ADOPTED CSSB 275(STA) AND HELD IN COMMITTEE
SENATE BILL NO. 265
"An Act designating the moose as the state land mammal."
- MOVED SB 265 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 137(L&C)
"An Act relating to veterinarians; extending the termination date
of the Board of Veterinary Examiners; and providing for an
effective date."
- MOVED SCS CSHB 137(STA) OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 255 - No previous action to record.
SB 275 - No previous action to record.
SB 265 - No previous action to record.
HB 137 - No previous action to record.
WITNESS REGISTER
Tim Benindtendi, Staff to Senator Tim Kelly
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented overview on SB 255
Chris Nelson
716 W. 4th Ave.
Anchorage, AK 99501
POSITION STATEMENT: Offered information on SB 255
Ms. Portia Parker, Staff to Senator Mike Miller
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented overview on SB 275
Senator Dave Donley
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on SB 275
Ben Brown, Staff to Senator Tim Kelly
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on SB 275
Ms. Nancy Hillstrand
P.O. Box 674
Homer, AK 99603
POSITION STATEMENT: Testified in support of SB 265
Senator John Torgerson
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of SB 265
The following students testified in support of SB 265:
Blake Gabriel
P.O. Box 2900
Kenai, AK 99611
Ms. Hannah West
36594 Baylor
Soldotna, AK 99669
Ms. Janelle Drown
P.O. Box 2447
Soldotna, AK 99669
Clyde Folley
P.O. Box 3487
Soldotna, AK 99669
Remington West
36594 Baylor
Soldotna, AK 99669
Ms. Elyse Dehlbom
HC 3, Box 4686 D
Soldotna, AK 99669
David Thornton
34649 K-Beach Road
Soldotna, AK 99669
Ms. Jacqueline Cowan
P.O. Box 2676
Soldotna, AK 99669
Ms. Annette Kreitzer
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented overview on SCS CSHB 137(STA)
Dr. Jon Basler
3211 Shuttle Circle
Anchorage, AK 99517
POSITION STATEMENT: Testified in support of SCS CSHB 137(STA)
ACTION NARRATIVE
TAPE 98-5, SIDE A
Number 001
CHAIRMAN GREEN called the Senate State Affairs Committee to order
at 3:37 p.m., and noted the presence of Senators Miller, Duncan,
Ward and Green.
SB 255 - JOINT TASK FORCE ON MILITARY BASES
CHAIRMAN GREEN brought SB 255 before the committee as the first
order of business and directed attention to a proposed State
Affairs committee substitute.
SENATOR MILLER moved the adoption of CSSB 255(STA), version "F" as
a working draft. Hearing no objection, it was so ordered.
TIM BENINTENDI, staff to Senator Tim Kelly who is the prime sponsor
of SB 255, explained the legislation would establish a joint House
and Senate committee to take up issues strictly dealing with
military base closures in Alaska. It would focus upon, but not be
limited to, activities of the Base Realignment and Closure
Commission (BRAC), a federal entity which will likely be activated
in the very near future.
Mr. Benintendi said the attention by BRAC given to Alaska bases in
the past presented a considerable challenge and necessitates
vigilance and a strong and unified response from the Legislature.
The military establishment in Alaska accounts for approximately
$2.7 billion annually throughout Alaska's economy. In addition,
the base closures experienced to date, Adak naval Air Facility and
Fort Greely, have shown that the process requires considerable
attention on the part of state government to monitor the economic
impact and the reuse potential of such base closures. The joint
committee would provide that critical focus.
Mr. Benintendi related that the proposed committee substitute
corrects the makeup of the commission to three members of the
Senate, three members of the House, and three public members.
Number 065
Responding to a question from CHAIRMAN GREEN, MR. BENINTENDI
clarified that previously there was a task force composed solely of
legislative members, as well as a contract with a private firm in
Washington, D.C. to help with the process.
Number 100
CHRIS NELSON, testifying via teleconference from Anchorage,
confirmed that the Joint Task Force on Military Bases was
established in 1994 in preparation for the 1995 Base Realignment
and Closure Commission round. He said he thinks the establishment
of a joint committee puts things on a more formal and long-term
basis, as well as putting Alaska on a par with other states and
other communities which are beginning to look at the BRAC 2001 and
2005 scenario that is now being proposed by the Secretary of
Defense.
Number 130
There being no further testimony on SB 255, CHAIRMAN GREEN asked
for the pleasure of the committee.
SENATOR WARD moved that CSSB 255(STA) and the accompanying fiscal
note be passed out of committee with individual recommendations.
Hearing no objection, it was so ordered.
Number 142
SB 275 - FUND RAISING: GOV; LT. GOV; & CANDIDATES
CHAIRMAN GREEN brought introduced SB 275 as the next order of
business. There was a proposed draft committee substitute before
the committee for its consideration.
SENATOR WARD moved the adoption of CSSB 275(STA), version "H".
Hearing no objection, the motion carried.
PORTIA PARKER, a legislative aide to Senator Mike Miller who is the
prime sponsor of SB 275, outlined the differences between the
original bill and the draft committee substitute.
In the original bill the change was conformed to current law, which
in AS 15.13.072 separates member of the legislature and legislative
staff but does not cover the governor, lieutenant governor, or
candidates for governor or lieutenant in 074. It gets everyone
under the same campaign financing rules, same restrictions, and
same prohibitions during legislative session, special sessions, and
for candidates during regular legislative sessions. The committee
substitute cleans up the language in the statute so that any
candidate, whether an incumbent or a challenger is under the same
restrictions and rules for campaign fund raising, soliciting and
accepting contributions during regular sessions and special
sessions.
Ms. Parker said there is an exception in the legislation for the 90
days immediately preceding a state election. She explained the
reasoning for the exception is in the case where the legislature is
called into special session two weeks before an election. The only
time that there would be an exception to the ban on fund raising
during any session, whether a regular session or a special session,
would be when it is at least 90 days immediately preceding a state
election.
SENATOR WARD asked if there was any consideration given in the
committee substitute for that time period where the legislature has
adjourned but the governor still has the ability to veto and stop
a piece of legislation completely. SENATOR MILLER acknowledged
that it was discussed, but he pointed out that there have been some
instances where bills have not been transmitted to the governor
until long after a session adjourns. He said this approach keeps
everyone on an equal footing. MS. PARKER added that just keeping
track of when an individual can fund raise or can't fund raise
depending on when a bill is transmitted would be an almost
impossible task.
CHAIRMAN GREEN pointed out there's only 15 days in the whole year
after session adjourns and to the general election that would not
fall within 90 days before an election, and she questioned if it
necessary to keep that language in. MS. PARKER said the only
reason would be to protect the potential for abuse of calling the
legislature into session right before an election. Without the
exemption for the 90 days, candidates and incumbents would be
banned from fund raising any time the legislature was in a special
session. CHAIRMAN GREEN suggested it would simpler to delete
"special legislative session" from that language and just say
"...may not solicit or accept a contribution while convened in
regular session." MS. PARKER acknowledged that would be fine, but
the only reason they want this language is because it covers the
immediate sessions right after a regular session.
SENATOR DAVE DONLEY noted that one other good reason for having
that 90-day provision is that there is an emerging area of U.S.
constitutional law under which the First Amendment has been
interpreted as prohibiting overly restrictive fund raising time
periods and some of those cases have extended beyond a year into
the prior election year where courts have required that candidates
be allowed to raise money in prior years. He believes that 90 days
is a very conservative number of days to meet the First Amendment
requirements that may be mandated by the courts under the U.S.
Constitution.
BEN BROWN, staff to Senator Tim Kelly, added that the drafter of
the legislation thought that this solves the problem of the
confusion with the definition of what a special session is, what a
regular session is, and when a regular session is extended.
Number 303
SENATOR MILLER suggested holding the legislation in committee until
the following week because there was still some work being done
with the drafter on the bill. CHAIRMAN GREEN stated the CSSB
275(STA) would be held over to the following week.
Number 310
SB 265 - MOOSE AS STATE MAMMAL
CHAIRMAN GREEN introduced SB 265 as the next order of business.
SENATOR JOHN TORGERSON, prime sponsor of SB 265, said he was
contacted by a parent who had done some research and found that
there was not an official state land mammal identified in statute.
She requested that Senator Torgerson help the students of
Kalifornsky Beach Elementary School in going forward with
legislation, as well as meeting with the students to explain the
legislative process. He added that he wishes he could extend that
same process to every school in the state, and even though this may
be something that is not a very important statute, it is in the
learning cycle.
Number 335
CHAIRMAN GREEN stated testimony would be taken from witnesses
waiting to testify over the teleconference network.
NANCY HILLSTRAND, testifying from Homer, voiced her appreciation
for the work done by the school in Kenai. She believes it is very
important for students to be involved in the legislative process,
and she suggested possibly getting students from other parts of the
state involved in designating a state land mammal.
Number 348
BLAKE GABRIEL, a fifth grade student at Kalifornsky Beach
Elementary School in Soldotna, said several of the students from
his school would be explaining their reasons for choosing the moose
as the state land mammal.
HANNAH WEST, a first grade student, said the moose specie in Alaska
is not found in any other state in the United States.
JANELLE DROWN, a first grade student, related that the moose is a
gentle animal and it cares for its young for a full year.
CLYDE FOLLEY, a sixth grade student, said the moose played an
important role in Alaska's history. At one time, professional
hunters supplied meat to mining camps. Moose are an important
resource of food, clothing and tools to the Athabascan Indians.
REMINGTON WEST, a second grade student, said another reason he
thinks the moose is a good choice as the state mammal is because it
is the hunted animal in Alaska, and as a food source, it provides
3.5 million pounds of meat to Alaska yearly.
ELYSE DEHLBOM, a fifth grade student, pointed out that the many
road kills that Alaskans face each year concerning the moose is not
the fault of the moose. She said the Natives that lived here
before us didn't have the roads and automobiles and the moose have
not got used to the idea of these roads and automobiles. She also
pointed out that the moose is found in 85 percent of the state.
DAVID THORNTON, a sixth grade student, noted there are 170,000
moose in the state of Alaska. He said most tourists expect to see
moose on a visit to Alaska, and they often do see and photograph
them. He said that if the moose was the state mammal, we could
expect to see an increased number of products with moose design,
and this would be an economic boost to the state's economy.
JACQUELINE COWAN, a sixth grade student, thanked the committee for
listening to the students' testimony, and she urged the careful
consideration of the school's choice of the moose for the state
land mammal and its support SB 265.
Number 404
There being no further testimony on SB 265, CHAIRMAN GREEN thanked
the students for their testimony and then asked for the pleasure of
the committee.
SENATOR WARD moved that SB 265 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 410
CSHB 137(L&C) - BOARD OF VETERINARY EXAMINERS; LICENSE
CHAIRMAN GREEN brought CSHB 137(L&C) before the committee as the
final order of business. She directed attention to a draft SCS
CSHB 137(STA).
SENATOR WARD moved the adoption of SCS CSHB 137(STA), version "B."
Hearing no objection, the Chairman stated the committee substitute
was adopted as a working document.
ANNETTE KREITZER, staff to the Senate Labor & Commerce Committee,
explained that SB 92, which is the companion piece of legislation
on the Senate side to HB 137, moved out of the Senate Labor &
Commerce Committee last session into the Senate State Affairs
Committee and the House bill moved over to the Senate State Affairs
Committee as well. During the interim, the Board of Veterinarians
looked at the proposed language and came up with something that
would work for all of them. The State Affairs SCS encompasses the
debate of the board, veterinarians not on the board and the
Department of Commerce & Economic Development.
Ms. Kreitzer, addressing the differences between the new committee
substitute and the bill passed by the House, directed attention to
Section 2, subsection (a)(2), which was amended to ensure that a
licensee before applying for a license has within the preceding
five years passed the national exams approved by the board. She
explained that this doesn't mean that they are limited to one exam.
The board, in its consultation with national experts, has been told
that there is a move nationwide to consolidate the two tests that
are given now into one test in future, so they wanted to just deal
with it prospectively now. Generally, graduates of veterinary
schools will pass the national exams concurrent with graduation,
but the board wanted that five-year requirement language on page 1,
lines 13 and 14.
Ms. Kreitzer said the change on page 2, lines 6 - 8 of the State
Affairs SCS is a significant change from the House version. It
adds the requirement that the applicant is in good standing, as
defined by the board in regulation, instead of the previous
requirement of passing a practical examination of skills if
required by the board. A proposed regulation will encompass all of
the items that are being deleted, and the bill, through the
effective date, gives the board 18 months to accomplish this
regulation. She added that nothing will change until the effective
date.
Section 3 sets out the requirements that a person seeking a
temporary license must meet. It provides that the temporary
licensee must have graduated from an accredited veterinary school
or successfully completed the foreign veterinary graduate
certification process, must be in good standing as defined in
regulation, and must have paid all required fees.
Section 4 amends the portions of AS 08.98.184 that deal with
licensure by credentials for veterinarians who already are licensed
in another state, territory, or country
On page 3, lines 5 and 6, the State Affairs SCS removes the
requirement that licensed veterinarians entering Alaska practice
must past what is called the clinical competency test. Ms.
Kreitzer said this was done after much discussion with national
experts and much discussion among board members. They felt it
wasn't necessary for veterinarians who were coming to Alaska as
long as they passed the written Alaska exam.
On page 3, lines 8 through 12 language is removed that speaks to
what is good standing and puts it into regulation.
Section 5 sets out the requirements that a person seeking a
temporary permit must meet three of the same requirements as a
temporary licensee. The person must have graduated from an
accredited veterinary school, must be in good standing as defined
in regulation, and must have paid all required fees.
Sections 7 and 8 allow the board to begin work immediately on the
regulations. Ms. Kreitzer said there was some concern that they
wanted to have the direction and that they could have the ability
on these regulations.
Concluding her overview, Ms. Kreitzer said Section 9 provides that
all changes to the testing and licensing of veterinarians take
effect January 1, 2000.
Number 488
MS. KREITZER, speaking to a proposed amendment to SCS CSHB
137(STA), explained that earlier in the day is was discovered that
AS 08.98.140 speaks to the content of the examination and it spells
out the National Board Examination Committee which they are trying
to get rid of. To leave it in would directly conflict with what is
in the committee substitute and the agreement with the board, the
veterinarians and the department.
Number 498
SENATOR MILLER moved the adoption of the following amendment to SCS
CSHB 137(STA). Hearing no objection, CHAIRMAN GREEN stated the
amendment was adopted and would be incorporated into the SCS.
Amendment No. 1
Page 3, line 11: Insert AS 08.98.140 is repealed
Number 510
MS. KREITZER commented that she has followed this issue through
with the Senate Labor & Commerce Committee and has been in contact
with all the veterinarians, the Senate State Affairs staff, the
Board of Veterinarians and the department to ensure that everyone
has come to a consensus. She said although she cannot say that
every veterinarian in the state will be happy, she has not talked
to one who has opposed the legislation.
Number 520
SENATOR WARD moved SCS CSHB 137(STA), as amended, and the
accompanying zero fiscal note be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 528
DR. JON BASLER, testifying via teleconference from Anchorage,
informed the committee that he is the immediate past president of
the Alaska Veterinary Medical Association, and when he testified on
HB 137 bill last year, there was concern among the veterinarians
for it. However, he said the changes that have been proposed by
the Board of Veterinarians Examiners are within the parameters of
what has been discussed at their meetings and all of the major
concerns have been addressed. As a current member of the executive
board of the Alaska Veterinary Medical Association, he said the
association backs the bill as it is currently written.
There being no further business to come before the committee,
CHAIRMAN GREEN adjourned the meeting at 4:20 p.m.
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