Legislature(1997 - 1998)
05/05/1998 03:40 PM Senate STA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
May 5, 1998
3:40 p.m.
MEMBERS PRESENT
Senator Lyda Green, Chairman
Senator Jerry Ward, Vice-Chairman
Senator Jerry Mackie
Senator Mike Miller
Senator Jim Duncan
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
- CONFIRMATION HEARING: Mark C. Rowland, Alaska Public Offices
Commission
SENATE BILL NO. 183
"An Act relating to voter qualification, disqualification, and
registration; to voter registration officials; to election notices;
to mail elections; to certain voting procedures; to the
transportation of ballots; and to the official election pamphlet
and certain immunity from liability regarding claims arising from
publication of the official election pamphlet."
- MOVED CSSB 183(STA) OUT OF COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 62(CRA)
Relating to bringing Balto back to Alaska.
- MOVED CSHJR 62(CRA) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 324(L&C) am
"An Act relating to deferral of certain municipal assessment
payments."
- MOVED CSHB 324(L&C) am OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 57 am
Relating to an amendment to the Constitution of the United States
prohibiting federal courts from ordering a state or a political
subdivision of a state to increase or impose taxes.
- MOVED SCS HJR 57(STA) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 59
Relating to an amendment to the Constitution of the United States
prohibiting desecration of the Flag of the United States.
- MOVED HJR 59 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 353(HES) am
"An Act relating to adoption by reference in regulations; and
providing for an effective date."
- MOVED CSHB 353(HES) am
CS FOR HOUSE BILL NO. 408(FIN)
"An Act establishing the Alaska Seismic Hazards Safety Commission."
- MOVED CSHB 408(FIN) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 464(STA)
"An Act authorizing state veterans' home facilities to provide
nursing home care with related medical services."
- MOVED CSHB 464(STA)
CS FOR HOUSE BILL NO. 264(FIN)
"An Act relating to negotiated regulation making; and providing for
an effective date."
- ADOPTED AND MOVED SCS CSHB 264(STA) OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 183 - See State Affairs minutes dated 2/17/98.
HJR 62 - No previous action to record.
HB 324 - No previous action to record.
HJR 57 - No previous action to record.
HJR 59 - No previous action to record.
HB 353 - See HESS minutes dated 4/22/98, 4/24/98 & 4/27/98.
HB 408 - No previous action to record.
HB 464 - No previous action to record.
HB 264 - See State Affairs minutes dated 4/16/98.
WITNESS REGISTER
Mark C. Rowland
Anchorage, AK
Representative Scott Ogan
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HJR 62 & HB 324
Jeff Logan, Staff to Representative Joe Green
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HJR 57
James Hornaday, Staff to Representative Pete Kott
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HJR 59
Bruce Campbell, Staff to Representative Pete Kelly
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 353
Representative John Davies
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 408
Representative Jeannette James
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 464 & HB 264
Gerald Dorsher
Veterans of Foreign Wars
P.O. Box 240003
Douglas, AK 99824
POSITION STATEMENT: Testified in support of HB 464
Jim Kohn, Director
Division of Alaska Longevity Programs
Department of Administration
P.O. Box 110211
Juneau, AK 99811-0211
POSITION STATEMENT: Department supports HB 464
Charles McLeod, Jr., Special Assistant
Office of Veterans Affairs
Department of Military & Veterans Affairs
P.O. Box 5800
Ft. Richardson, AK 99505-0800
POSITION STATEMENT: Testified in support of HB 464
Douglas Mertz, Representing Prince William Sound
Regional Citizens Advisory Council
319 Seward St.
Juneau, AK 99801
POSITION STATEMENT: Outlined concerns with HB 264
Pam LaBolle, President
Alaska State Chamber of Commerce
217 2nd St., Suite 201
Juneau, AK 99801
POSITION STATEMENT: Supports SCS CSHB 264(STA)
Deborah Behr, Assistant Attorney General
Legislation & Regulations Section
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Offered information on SCS CSHB 264(STA)
ACTION NARRATIVE
TAPE 98-19, SIDE A
Number 001
CHAIRMAN GREEN called the Senate State Affairs Committee to order
at 3:40 p.m., and noted the presence of Senators Ward, Miller,
Duncan, Mackie and Green.
SB 183 - VOTING & ELECTIONS
CHAIRMAN GREEN brought SB 183 before the committee as the first
order of business. She noted that concerns were expressed at a
previous hearing on the legislation, and after checking with
individuals who were in the business of doing elections around the
state, a committee substitute was drafted which includes their
suggested amendments. She then requested a motion to adopt the
proposed State Affairs CS.
SENATOR MILLER moved the adoption of CSSB 183(STA), version "E,"
and hearing no objection, it was so ordered.
SENATOR MILLER moved CSSB 183(STA) and the accompanying fiscal note
be passed out of committee with individual recommendations.
Hearing no objection, it was so ordered.
Number 030
CHAIRMAN GREEN stated the next order of business would be a
confirmation hearing on the governor's appointee to the Alaska
Public Offices Commission, Mark C. Rowland.
MARK ROWLAND, addressing the committee via teleconference from
Anchorage, briefly reviewed his work history as an attorney after
coming to the state of Alaska in 1965. He has worked as an
assistant attorney general, an assistant district attorney, as well
as having served on the Superior Court bench for 19 years, three
years of which he spent as a presiding judge. He said he knows
something about the Public Offices Commission because he was
subject to its jurisdiction for a number of years.
Number 065
There being no questions or comments from committee members,
CHAIRMAN GREEN thanked Mr. Rowland for addressing the committee.
SENATOR MILLER moved that the name of Mark C. Rowland be forwarded
to a joint session for consideration, and that this does not
reflect an intent by any committee member to vote for or against
the nominee. Hearing no objection, the motion carried.
Number 090
CSHJR 62(C&RA) - BRING BALTO BACK TO ALASKA
CHAIRMAN GREEN brought HJR 62 before the committee as the next
order of business.
REPRESENTATIVE SCOTT OGAN, prime sponsor of the resolution,
explained Balto was the lead dog on the original serum run to Nome.
Balto died in 1933 and was preserved by a taxidermist and then
donated to the Cleveland Museum of Natural History. He said third
grade students in his district have launched a movement to bring
Balto back to the state where he rightly belongs, and the
resolution requests that Balto be returned from the museum to the
state of Alaska.
There being no further testimony on HJR 62, CHAIRMAN GREEN
requested a motion on the legislation.
SENATOR MILLER moved HJR 62 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
CSHB 324(L&C) am - MUNICIPAL LIEN FOR UTILITY IMPROVEMENTS
CHAIRMAN GREEN brought CSHB 324(L&C) am before the committee as the
next order of business.
REPRESENTATIVE SCOTT OGAN, prime sponsor of HB 324, said his area
has a number of local improvement districts (LIDs), and there are
property owners who are on very fixed incomes and cannot afford
these LID assessments. HB 324 will allow boroughs, by ordinance,
to defer payment of an LID by an economically disadvantaged
resident. However, the legislation does not require local
governments to provide this relief.
There being no further testimony on HB 324, CHAIRMAN GREEN
requested a motion on the legislation.
SENATOR MILLER moved CSHB 324(L&C) be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
HJR 57 - AMEND US CONSTIT. TO LIMIT FED. COURTS
CHAIRMAN GREEN brought HJR 57 before the committee as the next
order of business.
JEFF LOGAN, staff to Representative Joe Green who is prime sponsor
of HJR 57, said the resolution requests Congress to exercise the
power granted to them under article V of the U.S. Constitution to
prepare and present to the legislatures of all 50 states an
amendment that would prohibit federal courts from ordering a state
or political subdivision to increase or impose taxes. A similar
resolution was approved by the 19th Alaska Legislature.
Mr. Logan related that the resolution is partly in response to a
U.S. Supreme Court decision in Missouri v. Jenkins, which upheld
the right of a Federal District Court to order a property tax
increase in Kansas City, Missouri. Last year in Rockford,
Illinois, a U.S. District Court magistrate ordered property tax
assessments increased by 12 percent. He said Representative Green
believes that this is far beyond the bounds of what the framers of
the U.S. Constitution intended.
Mr. Logan pointed out that so far 12 states have adopted this
amendment and there are a number of other states considering it.
Mr. Logan directed attention to a proposed amendment for the
committee's consideration; however, because the committee had lost
its quorum, the Chairman stated HJR 57 would be held until later in
the meeting.
Number 170
HJR 59 - DESECRATION OF U.S. FLAG
CHAIRMAN GREEN introduced HJR 59 as the next order of business.
JAMES HORNADAY, staff to Representative Pete Kott who is the prime
sponsor of HJR 59, explained the resolution urges Congress to
present a constitutional amendment to the states that would
authorize Congress to prohibit the physical desecration of the
American flag.
He said the flag has long been enshrined as the symbol of what is
right with America and is a most worthy emblem of our nation.
However, the law, as interpreted by the United States Supreme
Court, no longer accords to the Stars and Stripes that reverence,
respect and dignity befitting the banner of our noble experiment of
a nation state, which Lincoln called the last best hope of mankind.
In closing, Mr. Hornaday said Representative Kott urges support for
the resolution, realizing that there are very strong emotional
feelings on the issue.
There being no questions or further testimony on HJR 59, CHAIRMAN
GREEN requested a motion to move the legislation out of committee.
SENATOR MILLER moved HJR 59 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 275
CSHB 353(HES) am - ADOPTION BY REFERENCE IN REGULATIONS
CHAIRMAN GREEN introduced CSHB 353(HES) am as the next order of
business.
BRUCE CAMPBELL, staff to Representative Pete Kelly who is the prime
sponsor of HB 353, explained the legislation allows the Department
of Health and Social Services to adopt within its regulations
standards set out in federal or state law or regulation, or the
specific national standards, without adopting a new regulation
every time that these standards are changed. Currently, any time
manuals are changed the state agency must adopt a new regulation
adopting the citation change, and as the regulation adoption
process is so lengthy, it is impossible for a state agency to
remain current with standards adopted by reference.
Mr. Campbell noted that this legislation applies only to the
Department of Health and Social Services.
There being no further testimony on HB 353, CHAIRMAN GREEN asked
for the pleasure of the committee.
SENATOR MILLER moved CSHB 353(HES) and the accompanying zero fiscal
note be passed out of committee with individual recommendations.
Hearing no objection, it was so ordered.
Number 325
CSHB 408(FIN) - SEISMIC HAZARDS SAFETY COMMISSION
CHAIRMAN GREEN brought HB 408 before the committee as the next
order of business.
REPRESENTATIVE JOHN DAVIES, prime sponsor of HB 408, explained the
bill creates a seismic safety commission in the Governor's Office
and it would be an umbrella commission to coordinate the activities
of existing state agencies. He noted Alaska has some of the
largest earthquakes in the world, and yet it is one of the few
states in the western United States that does not have a seismic
safety commission.
Representative Davies said the commission is patterned after some
of the language that was developed in California. The purpose of
the commission is to mitigate possible effects by earthquakes by
making sure people adhere to buildings codes and encouraging
appropriate land use.
Number 385
CHAIRMAN GREEN inquired if this commission would be a coordinating
agency with the Division of Emergency Services within the
Department of Military and Veterans Affairs. REPRESENTATIVE DAVIES
explained that the planning effort that goes on in the Division of
Emergency Services is for earthquake response to the damage that
occurs whereas this group would try to prevent damage from
occurring in the first place, so it is prevention versus response.
CHAIRMAN GREEN asked if this commission would be only a
recommending group, and REPRESENTATIVE DAVIES acknowledged that was
correct. He added that it is meant to be a catalyst to bring
people together who are working on similar things and to focus
efforts.
There being no further testimony on CSHB 408(FIN), CHAIRMAN GREEN
asked for the pleasure of the committee.
SENATOR MILLER moved CSHB 408(FIN) be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 400
CSHB 464(STA) - NURSING CARE AT STATE VETERANS' HOME
CHAIRMAN GREEN introduced CSHB 464(STA) as the next order of
business.
REPRESENTATIVE JEANNETTE JAMES, prime sponsor of HB 464, explained
the legislation provides only one change in the current law which
will add in nursing home care with related medical services as an
option for state veterans' home facilities. Currently, the only
federal money that is available for any veterans' home would
require that they include nursing home care with related medical
services.
Representative James pointed out that there is no fiscal note with
the legislation because all it does is authorize a feasibility
study to see whether or not it is a good idea to try to put in a
nursing home care with related medical facilities for a veterans'
home in Alaska. Veterans' organizations have been working to raise
funds to do that study, and if it was determined that such a
facility would be a good idea, they could then come back to the
Legislature and request funding to construct a facility. Sixty-
five percent of the cost of building such a home would be funded by
the Federal Government.
GERALD DORSHER, representing the Veterans of Foreign Wars and
testifying in support of HB 464, said a nursing home facility for
veterans is truly needed in Alaska. He related that because of the
lack of facilities in this state, the local veterans' organization
recently paid transportation costs for a long-time resident of
Juneau who had been accepted into a Washington state veterans'
home. Mr. Dorsher pointed out that there are 42 states that
currently have veterans' homes and that number will increase to 47
states in the next two years.
CHAIRMAN GREEN noted that there is a great deal of interest in the
Mat-Su area for a veterans' home.
JIM KOHN, Director, Division of Alaska Longevity Programs, said the
reason the Department of Administration is in favor of the
legislation is because they believe it gives a full range of
choices to look at from domiciliary care through skilled nursing
care, although he cautioned that the result of the study may not be
the building of a veterans' home in the state. He stated the
department fully supports the legislation.
CHARLES MCLEOD, JR., Special Assistant, Department of Military and
Veterans Affairs, testifying in support of HB 464, said it would
allow the state to take advantage of funding from the federal
Department of Veterans' Affairs. He said money has been set aside
for the study and they will proceed with the study as soon as they
receive the funds. He urged passage of the bill out of committee.
There being no further testimony on HB 464, CHAIRMAN GREEN stated
she would accept a motion to move the bill out of committee.
Number 480
SENATOR MACKIE moved CSHB 464(STA) and the accompanying zero fiscal
note be passed out of committee with individual recommendations.
Hearing no objection, it was so ordered.
CSHB 264(FIN) - NEGOTIATED REGULATION MAKING
CHAIRMAN GREEN brought CSHB 264(STA) before the committee.
Number 485
REPRESENTATIVE JEANNETTE JAMES, prime sponsor of HB 264, read the
following sponsor statement into the record:
"House Bill 264 enables and encourages negotiated regulation/rule
making. Currently negotiated regulation making is in use by the
Federal Government, Montana and Nebraska and several other states.
"The citizens of Alaska are clamoring for the Legislature to do
something about the regulation process; negotiated regulation
making addresses the issue on point.
"Negotiated regulation making is used only in cases involving very
complex or controversial regulations.
"Negotiated regulation is a voluntary process for drafting
regulations that brings together those parties who would be
significantly impacted by a regulation (rule), including the
Government, to reach consensus on some or all of its aspects before
the rule is formally published as a proposal. An impartial
mediator is used to facilitate intensive discussions among the
participants, who operate as a committee open to the public.
"Regulations drafted using this process tend to be more technically
accurate, clear and specific, and less likely to be challenged in
litigation than are rules drafted by the agency alone without input
from outside parties. The Administrative Procedures Act notices
process is unchanged.
"The negotiated regulation making process costs more money at the
front end than the traditional approach (e.g. the added cost for a
facilitator). In addition, agency personnel must work closely as
a team with outside party representatives and their time must be
dedicated to the project if it is to succeed. The advantages
clearly outweigh these considerations, however. Because
representatives of all the interested parties draft the regulation,
the formal process of public notice and comments is generally very
smooth and very few comments and concerns are raised in that
process. More importantly, lengthy regulation litigation is
hopefully generally eliminated and compliance with the rule is
believed to be much higher. Thus, agency long-term costs of
litigating rules and enforcing standards are sharply reduced.
"There is no fiscal impact for this piece of legislation and the
reason for that is that it is purely voluntary. It is assumed the
agencies will choose this form whenever it appears that it is going
to be beneficial to them."
REPRESENTATIVE JAMES noted there was a draft State Affairs SCS for
the committee's consideration which addresses concerns expressed by
the Alaska State Chamber of Commerce.
Number 520
SENATOR MACKIE moved the adoption of SCS CSHB 264(STA), version
"R." Hearing no objection, the motion carried.
Number 547
CHAIRMAN GREEN commented that she thinks the aim of the legislation
is good, but she is concerned that if the selection of the
membership is done by the agency head and then they are given the
information from the agency head it could be biased even though
there are volunteers sitting in on it. She is also concerned that
this will present a delay rather than efficiency or timeliness in
the process.
TAPE 98-20, SIDE B
Number 585
DOUGLAS MERTZ, representing the Prince William Sound Regional
Citizens Advisory Council, said the original legislation would have
allowed a commissioner or agency head to create a totally biased
committee, one which was front loaded to that commissioner's own
special interest so that the entire regulation writing process
could be biased throughout its length. He added that the current
version of the bill is much better than the original version, but
the council still has concerns with the legislation. This version
still allows the members of the regulation writing committee to
refuse to hear testimony or refuse to consider written material
from other public interests who are not on the committee. It gives
them immunity from the Executive Branch Ethics Act and it makes the
appointment and creation of this immune from judicial review.
Mr. Mertz said if the committee passes out this legislation, the
council urges to do it without any backsliding toward the original
version, and to do it with a clearly stated intent that the new
process is to be used without any kind of biasing on the front end
or favoring of a particular interest by a commissioner.
Number 559
CHAIRMAN GREEN commented that she shares some of Mr. Mertz's
concerns, but she wasn't sure that this legislation was making the
process any worse.
MR. MERTZ said the only ways in which this a step backwards to
what exists now is that the appointment of this committee is immune
from judicial review and that the state employees who are part of
it would be exempt from the Executive Branch Ethics Act.
Number 535
SENATOR MACKIE inquired if the Administration supports the
legislation.
DEBORAH BEHR, Assistant Attorney General, Department of Law, said
throughout the legislative process she has worked closely with the
sponsor and the staff, and this draft is totally workable for the
Administration. She emphasized that it is a voluntary process to
be used in appropriate cases.
Number 525
PAM LABOLLE, President, Alaska State Chamber of Commerce, stated
their concerns that this be decided at the commissioner level, that
a time limit be established, the grants and gifts language be
deleted, as well as continuity of membership on the committee have
all been addressed in the State Affairs SCS.
There being no further testimony on HB 264, CHAIRMAN GREEN stated
she would entertain a motion to move the legislation out of
committee.
Number 515
SENATOR MACKIE moved SCS CSHB 264(STA) and the accompanying zero
fiscal note be passed out of committee with individual
recommendations. Hearing no objection, it was so ordered.
Number 500
HJR 57 am - AMEND US CONSTIT. TO LIMIT FED. COURTS
CHAIRMAN GREEN brought HJR 57 am back before the committee and
requested a motion to adopt the proposed amendment and to move the
resolution out of committee.
SENATOR WARD moved adoption of the following amendment to HJR 57
am:
Amendment No. 1
Page 2, line 5: After "that" insert "this amendment constitutes a
continuing application in accordance with article V of the
Constitution of the United States, and that"
Hearing no objection, the amendment was adopted to be incorporated
into a State Affairs SCS.
SENATOR WARD moved SCS HJR 57(STA) be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
There being no further business to come before the committee, the
meeting adjourned at 4:36 p.m.
| Document Name | Date/Time | Subjects |
|---|