Legislature(1993 - 1994)
02/10/1993 09:10 AM Senate STA
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SENATE STATE AFFAIRS COMMITTEE
February 10, 1993
9:10 a.m.
MEMBERS PRESENT
Senator Loren Leman, Chairman
Senator Mike Miller, Vice Chairman
Senator Robin Taylor
Senator Jim Duncan
Senator Johnny Ellis
MEMBERS ABSENT
None
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 24 am
Relating to the shortage of adequate housing for military
personnel and their dependents, directing the Alaska Housing
Finance Corporation and certain municipalities to develop a
joint program for improving the inventory of housing for
those personnel, and urging the governor, the commissioner
of natural resources and local officials to identify public
land that might be made available for that housing.
SENATE BILL NO. 56
"An Act relating to the budget reserve fund established
under art. IX, sec. 17, Constitution of the State of
Alaska."
SENATE BILL NO. 18
"An Act making an appropriation for a grant to the
Municipality of Anchorage for renovation and addition to
West Anchorage High School; and providing for an effective
date."
SENATE BILL NO. 79
"An Act setting termination dates for various boards,
commissions, councils, agencies, committees, and divisions
of state government; repealing obsolete statutes relating to
the State Fire Commission and the Board of Electrical
Examiners; repealing obsolete statutes relating to
termination of agency programs and activities; increasing to
10 years the normal maximum interval for review of boards,
commissions, and other entities that are subject to sunset
reviews; and providing for an effective date."
PREVIOUS SENATE COMMITTEE ACTION
HJR 24 - No previous action to record.
SB 56 - See State Affairs minutes dated 2/3/93.
SB 18 - No previous action to record.
SB 79 - No previous action to record.
WITNESS REGISTER
Representative Eldon Mulder
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HJR 24
Representative Kay Brown
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on CSSB 56 (STA)
and SB 79 & SB 80
Senator Randy Phillips
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testifed in support of CSSB 56 (STA)
Senator Judy Salo
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of SJR 14
Gary Bader
Division of Administrative Services
Department of Education
801 W. 10th St., Suite 200
Juneau, AK 99801-1894
POSITION STATEMENT: Opposed to CSSB 18 (STA)
Randy Welker, Legislative Auditor
Division of Legislative Audit
P.O. Box 113300
Juneau, AK 99811-3300
POSITION STATEMENT: Offered information on SB 79 & SB 80
ACTION NARRATIVE
TAPE 93-8, SIDE A
Number 001
Chairman Leman called the Senate Affairs Committee meeting
to order at 9:10 a.m.
SENATOR LEMAN introduced HJR 24 am (MILITARY HOUSING
SHORTAGE) as the first order of business.
REPRESENTATIVE ELDON MULDER, prime sponsor of HJR 24,
explained the purpose of the resolution is to address the
housing shortage in relation to the military needs within
the Anchorage and Fairbanks areas.
The Base Relocation and Closure Commission (BRAC) is
currently evaluating the various bases throughout the
country for additional closure and consolidation and
Alaska's bases are on that list. One of the criteria for
closure includes the ability of both the existing and
receiving communities infrastructures to support forces,
missions and personnel. U.S. Senator Ted Stevens has
pointed out that it is the only area or facet of Alaska's
bases that is deficient.
Representative Mulder said HJR 24 directs AHFC, in
cooperation with the Municipality of Anchorage, the
Matanuska Susitna Borough and the Fairbanks North Star
Borough, to develop or recommend a self-sustaining program
to provide suitable housing for military personnel and their
dependents, and then to come back to the legislature next
year with that plan.
Number 070
SENATOR TAYLOR asked who will own these houses if they are
built. REPRESENTATIVE MULDER answered the proposal is to
develop a program, and it is envisioned that they would be
privately owned, but they would be leased back to the
military. This is a new approach that has never been tried
before, and Senator Stevens believes it can be effective.
Number 090
SENATOR ELLIS related that he was contacted by a constituent
who told him that there are a number of landlords who claim
there are numerous units available in their districts.
People would like AHFC to perhaps assist them in fixing up
these existing units to make them "suitable" for housing the
military. REPRESENTATIVE MULDER responded that it is not
envisioned that this program would actually be implemented
until such time as the military is committed to staying in
Alaska. He added that he would hope that the program would
encompass renovation of older units.
Number 175
SENATOR MILLER pointed out that a copy of the resolution
should also be sent to the mayor of North Pole.
SENATOR ELLIS requested that the resolution be held until
later in the meeting so that he could prepare some language
relating to existing landlords and existing housing.
SENATOR LEMAN stated HJR 24 am would be held until later in
the meeting.
Number 225
SENATOR LEMAN introduced SB 56 (ADMINISTRATION OF BUDGET
RESERVE FUND) as the next order of business.
REPRESENTATIVE BROWN outlined the following changes made in
a new draft committee substitute (8-LS0453\O) that was
before the committee for its consideration:
1) An effective date is added to the title.
2) On page 1, lines 10 and 13, the six months language
that appeared in prior draft has been removed and it now
reads: "money received after an informal conference or
after a request for a formal hearing has been received by
the state the money would be deemed disputed and would go
into the Constitutional Budget Reserve."
3) On page 2, line 7, a new sentence has been added to
ensure that what is looked at for the purpose of determining
what is available, the comparable sources from the prior
year are looked as well.
4) On page 2, line 13, the words "federal funds" have
been added and on page 2, line 14 the words "or money held
in trust for a particular purpose." It now reads that money
available for appropriation does not include "federal
funds" the earnings reserve, "or money held for a particular
purpose."
5) On page 2, line 20, the Department of
Administration would be the entity transferring the money,
rather than the Department of Revenue as in the prior draft.
6) On page 2, line 24, the transfer date has been
changed from November 15 to December 16.
7) Sections 2 and 3, which deal with the effective
date, are new.
Representative Brown pointed out that the Section 2
application section states that Section 1 would apply to
taxes received after June 30, together with penalties and
interest. However, the legislative counsel has advised the
legislature cannot in a piece of statute assure that a court
might not reach a different result should this issue ever be
litigated. She said after having talked to other members
about it and recognizing the situation with the current
budget year, she believes the bill will stand a better
chance of passage if it contains an application provision.
SENATOR MILLER moved that CSSB 56 (STA) referenced as 8-
LS0453\O be adopted in lieu of the committee substitute
adopted by the committee on 2/3/93. Hearing no objection,
the motion carried.
SENATOR RANDY PHILLIPS, Chairman of the Legislative Budget
and Audit Committee, said he has looked at the committee
substitute and that he has no problems with it.
SENATOR TAYLOR stated that he believes that by passing this
into statute law, it does a great deal more to establish
what the legislature's original intent was of the
proposition that was placed before the people.
Number 300
SENATOR LEMAN asked for the will of the committee.
SENATOR MILLER moved that CSSB 56 (STA) be passed out of
committee with individual recommendations. Hearing no
objection, it was so ordered.
SENATOR LEMAN introduced SJR 14 (LINE ITEM VETO FOR U.S.
PRESIDENT) as the next order of business.
SENATOR JUDY SALO, prime sponsor of SJR 14, said one of the
most pressing problems in this nation as we enter the 21st
Century is the amount of the national debt. Although the
presidential line-item veto would not solve the problem, it
would be one tool that could be used to impede pork barrel
type appropriations. While Congress has dealt with several
measures in recent history which would give the President
line-item veto control, there hasn't been enough internal
motivation to pass this measure.
Senator Salo said SJR 14 encourages Congress to establish
line-item veto power for the President.
SENATOR LEMAN noted that Presidents Reagan and Bush had
asked for this power for 12 years, and he expressed his hope
that with President Clinton calling for the same, that
Democrats in Congress would now find this issue "politically
correct" and support it.
Number 340
SENATOR LEMAN asked for the pleasure of the committee.
SENATOR MILLER moved that SJR 14 be passed out of committee
with individual recommendations. Hearing no objection, it
was so ordered.
Number 370
SENATOR LEMAN introduced SB 18 (APPR: WEST ANCHORAGE HIGH
SCHOOL) as the next order of business.
SENATOR ELLIS, prime sponsor of SB 18, explained the
legislation appropriates approximately $26 million on repair
and renovation, life safety and other concerns at West
Anchorage High School. He related that when he toured the
facility last year, he was shocked to see the shape it was
in.
Senator Ellis said he is fully aware that the legislation is
not likely to pass from Senate Finance to the floor in its
current form. However, he and the Chair are working
together to gain a profile for this project to allow the
parents, staff and students to make their case through the
legislative process. He said he's hopeful that it will pass
on to the Finance Committee where it could be rolled into
other measures.
SENATOR LEMAN noted a work session on SB 18 scheduled for
Saturday, February 13. He then directed attention to a
proposed committee substitute which will add $9,050,000 for
Romig Junior High School, which is the adjoining junior high
school that feeds West High School. He said the purpose for
this is to broaden the scope of discussion on Saturday.
SENATOR TAYLOR questioned if the $25,896,000 was just for
repairs at West Anchorage High School. SENATOR ELLIS
acknowledged that was correct and that it was for Phase I
and Phase II of the project.
Number 445
SENATOR ELLIS moved that CSSB 18 (STA) be adopted. Hearing
no objection, it was so ordered.
GARY BADER, Division of Administrative Services, Department
of Education, said the department is aware that there is a
statewide need for school construction, and the Governor has
proposed a plan which the department hopes the legislature
will seriously consider. He said the department is in
opposition to SB 18 because it favors a comprehensive
approach over a piecemeal approach. He clarified that they
are not in opposition to the project.
SENATOR LEMAN stated CSSB 18 (STA) would be held in
committee and reminded members that the meeting in Anchorage
on Saturday would be a work session, not a formal meeting.
Number 480
SENATOR LEMAN brought HJR 24 am (MILITARY HOUSING SHORTAGE)
back before the committee.
SENATOR ELLIS moved that on page 2, line 26, after the word
"programs" add "including upgrades to existing available
housing." Hearing no objection, the Chair stated the
amendment was adopted and would be incorporated into a State
Affairs SCS.
SENATOR MILLER moved that on page 3, line 13, add that a
copy of the resolution be sent to the Honorable Luke
Cunningham, Mayor of the City of North Pole." Hearing no
objection, the amendment was adopted.
SENATOR TAYLOR moved that SCS HJR 24 (STA) be passed out of
committee with individual recommendations. Hearing no
objection, it was so ordered.
Number 520
S E N A T O R L E M A N i n t r o d u c e d S B 7 9
(BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES) and SB 80
(BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES) as the final order
of business.
RANDY WELKER, Legislative Audit Division, explained SB 79
addresses the sunset legislation which has been on Alaska's
books since 1977. The legislature adopted sunset laws in
1977 top review the operations and functions of a variety of
boards and commissions. Since 1977, over 100 sunset reviews
have been conducted on various boards and commissions, and
significant improvements have been made in the
accountability and operation of those boards.
Mr. Welker noted that Alaska's review cycle of four years is
the shortest of any state. The average review cycle is
eight years and goes as high as 13 years in some states.
The Legislatiave Audit Division is recommending that
Alaska's cycle be amended to a 10-year sunset cycle. This
would provide several advantages: (1) it would lessen the
demand on audit resources; (2) there would be less
legislative time devoted to continuous introduction of bills
and hearings and testimony on various boards; (3) there
would be less strain on board membership over the issues of
sunset; and (4) less time would be devoted by the Department
of Commerce & Economic Development to the sunset process.
Responding to a question from Senator Taylor, Mr. Welker
noted that there are several boards that they found through
a review of statutes and other sources of information that
are inactive and have been for a long time. These boards
are being repealed in SB 80.
SENATOR ELLIS asked what effect this legislation has on the
Citizen's Review Panel for Permanency Planning. RANDY
WELKER answered that SB 79 does not address it, however, it
is repealed in SB 80 because it has been relatively inactive
since its adoption by the legislature, primarily by choice
of the Administration by not funding it. SENATOR ELLIS
stated his strong opposition to deleting that particular
panel.
TAPE 93-8, SIDE B
Number 010
SENATOR RANDY PHILLIPS pointed out that the list of boards
being repealed in SB 80 were recommendations from last
year's Legislative Budget & Audit Committee, and that the
bill has several committees of referral so that it can get
full consideration. He added that he shared Senators Ellis'
concern with that particular board.
RANDY WELKER clarified that the audit division's purpose in
going through the statutes and preparing their report was to
identify those boards that appeared not to have any
activity.
Part of the recommendations in the division's report and in
the legislation are the result of the Governor's Task Force
on Boards and Commissions.
Number 075
Representative Brown stated that she does not believe the
recommendation to eliminate the Telecommunications
Information Council is adequately justified in the
Governor's task force report, and that she does not see
anything in there that rationalizes why they want to get rid
of it. She said while the telecommunications council has
had its problems in the past, it is doing a good job
presently. She urged that the committee delete reference to
that council from the bill and that it be allowed to
continue its work.
Number 095
SENATOR LEMAN stated SB 79 and SB 80 would be back before
the committee at the Wednesday, February 17 meeting at which
time he hopes to move them from committee.
There being no further business to come before the
committee, the meeting was adjourned at 10:06 a.m.
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