Legislature(1993 - 1994)
02/17/1993 09:05 AM Senate STA
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SENATE STATE AFFAIRS
February 17, 1993
9:05 a.m.
MEMBERS PRESENT
Senator Loren Leman, Chairman
Senator Mike Miller, Vice Chairman
Senator Robin Taylor
Senator Jim Duncan
Senator Johnny Ellis
MEMBERS ABSENT
All Present
COMMITTEE CALENDAR
SENATE BILL NO. 84
"An Act relating to fees for identification cards and
certain motor vehicle licenses and permits; to licenses
issued to drivers and to revocation of a license to drive;
and providing for an effective date."
HOUSE CONCURRENT RESOLUTION NO. 6
Relating to Armed Forces History Month.
SENATE JOINT RESOLUTION NO. 19
Requesting the United States Air Force to rename Shemya Air
Force Base to Eareckson Air Force Base.
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."
SENATE BILL NO. 80
"An Act eliminating, consolidating, changing the membership
requirements of, and transferring the duties of various
boards, commissions, councils, panels, authorities,
corporations, foundations, and similar entities of state
government; and providing for an effective date."
SENATE BILL NO. 26
"An Act relating to the location of the convening of the
legislature in regular session; and providing for an
effective date."
PREVIOUS SENATE COMMITTEE ACTION
SB 84 - No previous action to record.
HCR 6 - No previous action to record.
SB 79 - See State Affairs minutes dated 2/10/93.
SB 80 - See State Affairs minutes dated 2/10/93.
SB 26 - See Community & Regional Affairs minutes dated
1/28/93, 2/4/93, and 2/9/93.
WITNESS REGISTER
Joshua Fink, Staff
Senator Tim Kelly
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Sponsor of SB 84.
Phillip Simon
Anchorage Restaurant and Beverage Association
1154 Tonga
Anchorage, Alaska 99507
POSITION STATEMENT: Supported SB 84.
Don Skewis
1402 Gambel
Anchorage, Alaska 99501
POSITION STATEMENT: Supported SB 84.
Carol Wilson
P.O. Box 104839
Anchorage, Alaska 99510
POSITION STATEMENT: Supported SB 84.
Jack Phelps, Staff
Representative Pete Kott
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Sponsor HCR 6.
Kristie Leaf, Deputy Director
Boards and Commissions
Office of the Governor
P.O. Box 110001
Juneau, Alaska 99811-0001
POSITION STATEMENT: Commented on SB 79 and SB 80.
Terry Lauterbach
Legislative Legal Services
130 Seward Street
Juneau, Alaska 99801-2105
POSITION STATEMENT: Commented on SB 79 and SB 80.
Karen Morgan
Division of Information Services
Department of Administration
P.O. Box 110206
Juneau, Alaska 99811-0210
POSITION STATEMENT: Opposed SB 80.
Dennis DeWitt, Director
Division of Pioneers' Benefits
P.O. Box 110211
Juneau, Alaska 99811-0211
POSITION STATEMENT: Commented on SB 80.
Harlan Knudson
Alaska State Hospital and Nursing Home Association
319 Seward
Juneau, Alaska 99801
POSITION STATEMENT: Commented on SB 80.
Dale Anderson
9040 Glacier Hwy.
Juneau, Alaska 99801
POSITION STATEMENT: Opposed SB 26.
Christopher Clark
P.O. Box 020443
Juneau, Alaska 99801-0443
POSITION STATEMENT: Opposed SB 26.
Chip Wagoner
3294 Pioneer Ave.
Juneau, Alaska 99801
POSITION STATEMENT: Opposed SB 26.
Joe Poor, Director
Juneau Chamber of Commerce
124 W. 5th
Juneau, Alaska 99801
POSITION STATEMENT: Opposed SB 26.
Jim Kohler, Director
Southeast Conference
124 W. 5th
Juneau, Alaska 99801
POSITION STATEMENT: Opposed SB 26.
Linda Nissen
9417 Berner's Ave.
Juneau, Alaska 99801
POSITION STATEMENT: Opposed SB 26.
Dan Keck
203 Harbor Dr.
Sitka, Alaska 99835
POSITION STATEMENT: Opposed SB 26.
John Litten
Sitka Chamber of Commerce
211 Crabapple Dr.
Sitka, Alaska 99835
POSITION STATEMENT: Opposed SB 26.
Senator Randy Phillips
State Capitol
Juneau, Alaska 99811-1182
POSITION STATEMENT: Supported SB 26.
ACTION NARRATIVE
TAPE 93-9, SIDE A
Number 001
SENATOR LEMAN called the State Affairs Committee meeting to
order at 9:05 a.m. and announced SB 84 REVOKE DRIVER'S
LICENSE IF USE FALSE I.D. to be up for consideration.
JOSH FINK, aide for Senator Kelly, said this legislation was
supported last year by the Department of Public Safety, the
Department of Health and Social Services, the Anchorage
Health and Human Services Commission, Mothers Against Drunk
Driving, the Bristol Bay Area Health Corporation, the Daily
News, CHAR, BARBA, and various PTAs. Putting a hologram
over vital information on the license to prevent tampering
and putting the words "under 21" on the license are the
methods to be used.
Number 60
SENATOR LEMAN asked if this was exactly like the bill that
passed last year. MR. FINK replied that it is identical
except for the periods of revocation for the first offense
was 90 days last year and it was brought down to 60 days.
The second offense was 12 months, or until you're 21
whichever is longer, in last year's bill and that was
changed to 12 months.
Number 75
SENATOR TAYLOR did not agree with lowering the penalties.
He said in Ketchikan there is a movement to increase the
penalty for the person who provides alcohol to a minor from
a Class A misdemeanor to a felony, because recently a young
man died as a result of obtaining alcohol from someone of
legal age.
Number 140
PHILLIP SIMON, Anchorage Restaurant and Beverage
Association, supported SB 84. He thought it would be a
great step forward. He thought the penalties should be
strong.
Number 160
CAROL WILSON supported SB 84. She thought it was necessary
for all communities.
Number 170
DON SKEWIS, Anchorage, supported SB 84. He said bar owners
do not want to serve children and there are a lot of fake
IDs being used. He supported strong penalties.
Number 195
SENATOR TAYLOR moved to pass SB 84 from Committee with
individual recommendations. SENATOR ELLIS objected so he
could have time to acquaint himself with the bill.
Number 213
SENATOR LEMAN said he would bring SB 84 up again later in
the meeting and announced HCR 6 ARMED FORCES HISTORY MONTH
to be up for consideration.
JACK PHELPS, aide for Representative Kott, said the purpose
of the resolution was to commemorate the contribution of the
U.S. Armed Services to the growth and development of the
great state of Alaska.
Number 244
SENATOR ELLIS asked if there would be a requirement to
purchase new text books or incur any expense. MR. PHELPS
said it would seem unlikely and that is not their intent.
Number 282
SENATOR TAYLOR moved to pass HCR 6 from Committee with
individual recommendations and asked for unanimous consent.
There were no objections and it was so ordered.
Number 289
SENATOR LEMAN announced SB 84 REVOKE DRIVER'S LICENSE IF USE
FALSE I.D. to be up for consideration again.
SENATOR TAYLOR moved to pass SB 84 from Committee with
individual recommendation and asked for unanimous consent.
There were no objections and it was so ordered.
SENATOR LEMAN announced SJR 19 NAME SHEMYA AFB EARECKSON AIR
FORCE BASE to be up for consideration.
SENATOR TAYLOR said this issue came to his attention through
Ralph Bartholomew, Mayor, Ketchikan Gateway Borough. He
said this is something the military would be doing and he
thought it good to show respect and honor to Colonel
Eareckson.
SENATOR ELLIS asked if the were any costs involved. SENATOR
TAYLOR said whatever costs there are accrue to the federal
government or the military, but there were none to the state
of Alaska.
SENATOR ELLIS asked if Shemya Air Force Base is a likely
candidate for closure in the future. SENATOR TAYLOR said it
was his understanding that this one may receive significant
redirection, but it wouldn't be closed, according to
Congressman Stephens.
Number 347
SENATOR MILLER moved to pass SJR 19 from Committee with
individual recommendations. There were no objections and it
was so ordered.
SENATOR LEMAN announced SB 79 BOARDS/COMMISSIONS/
COUNCILS/AUTHORITIES and SB 80 BOARDS/COMMISSIONS/
COUNCILS/AUTHORITIES to be up for consideration. He said
changing the sunset dates and an amendment regarding a
technical error were the only two things that were
different. RANDY WELKER said in the process of splitting
the bills, one reference in the repealer section didn't get
picked up.
Number 370
SENATOR TAYLOR explained that there was a problem with the
electrical workers who lost the ability, because of
sunseting, to license various administrators. MR. WELKER
said these bills are primarily to terminate regulation of
electrical administrators by the state. MR. WELKER
explained that termination has already occurred. This is
simply an effort to clean up the statutes to reflect that.
SENATOR TAYLOR said he didn't want to do that, because there
were some real important public health and safety concerns
we all need to be aware of concerning licensing of these
people. He noted that the cold storage in Juneau burned
down, because there was improper wiring inside. MR. WELKER
said he would check with legal to see what the proper avenue
for reestablishing the Board is, but he thought it would
take separate legislation from this.
Number 424
SENATOR DUNCAN asked what was the rationale for the varying
lengths of time for review of various boards. MR. WELDER
said there were several elements: one was if they had
recently been reviewed under the sunset process, they were
put in a later year of the ten year cycle, another was those
boards and commissions they typically have no problems with,
and boards and commissions that have not had a sunset
review, yet, which were put in the earlier years of the
review cycle.
Number 450
KRISTIE LEAF, Deputy Director, Boards and Commissions, said
the Governor's Task Force on Boards and Commissions
recommended extensions, except for the Board of Mechanical
Examiners. She said those Boards that do charge fees cover
the cost of their own operations. They do not support
changing the sunset from 4 years to 10 years. They feel
that it would establish each Board as a more permanent
structure in government which is contrary to current trends.
They recommended the Code Revision Commission, the Hazardous
Substance Spill Technology Review Council, and Storage Tank
Assistance Board not be recommended for extension. The
Older Alaskans Commission was recommended to be combined
with the Pioneer Home Advisory Board. The Woman's
Commission was recommended to be consolidated with two other
Boards.
SENATOR ELLIS asked if there were any specific
recommendations from her Task Force on what was originally
called the Cost of Care Review Board. MS. LEAF said SB 80
contained some of the recommendations of the Governor's Task
Force. Others were the result of a study by Legislative
Budget and Audit. She said they would defer to the
Legislature's decisions on which Boards are to be continued
or deferred.
SENATOR DUNCAN asked why the legislature was not referred to
in the case of the Women's Commission and the Children's
Commission? MS. LEAF said the Executive Orders are before
the legislature now, so they have the opportunity to
disapprove them.
Number 480
TERRY LAUTERBACH, Legislative Legal Services, said the
termination date of the Women's Commission would not
automatically apply to the new commission. If and when the
Executive Order goes into effect, the legislature would need
to amend SB 79 to put the new commission into the sunset
cycle. It was not appropriate to do that yet, because the
Women's Commission still exists.
Number 555
SENATOR ELLIS said he planned to hold the Executive Agency
of the Government to a very high standard of coordination on
these things, because it seems like every empire is looking
out for itself and not looking out for the overall state's
interests. He was particularly concerned about tourism
development.
TAPE 93-9, SIDE B
Number 580
MS. LAUTERBACH explained how she drafted the bills.
SENATOR TAYLOR reiterated his concern with no examinations
for electrical administrators. He said the test was
controlled by the IBEW for years and it was grossly
mismanaged. The controversy is there and it needs to be
monitored. The legislature needs to make a policy call that
says public health and safety needs to be considered. He
does not favor deleting electrical administrators from the
statute.
Number 560
SENATOR LEMAN said he understands that it has already
happened and the question is, do you want to leave the old
statute in even though it's expired. SENATOR TAYLOR said he
would be happy to clean it up and deal with it in Judiciary.
Number 550
SENATOR TAYLOR moved to adopt Lauterbach amendment #1.
There were no objections and it was so ordered.
SENATOR MILLER moved to adopt amendment #2. SENATOR ELLIS
objected. SENATOR LEMAN called for a roll call vote:
SENATOR MILLER: No; SENATOR TAYLOR: No; SENATOR ELLIS: No;
SENATOR DUNCAN: No; and SENATOR LEMAN: Yes; and the motion
failed.
SENATOR LEMAN announced amendment #3 to be up for
consideration.
SENATOR TAYLOR moved to adopt amendment #3. There were no
objections and it was so ordered.
SENATOR TAYLOR moved to discharge CSSB 79 (STA) from
Committee with individual recommendations. There were no
objections and it was so ordered.
SENATOR LEMAN said they still had SB 80 before them.
Number 515
KAREN MORGAN, Division of Information Services, opposed SB
80, particularly the language regarding Telecommunications
Information Council (TIC). What TIC does that previous
committees have not been able to do is combine the interests
of the executive and legislative branches. They feel
oversight is needed because so much money is involved and
there is so much that can be done on the state wide level.
Number 500
DENNIS DEWITT, Director, Division of Pioneer Benefits, said
they opposed Sections 24, 25, 26, and the repealer portion
of Section 36 which combines the Pioneer Advisory Board with
the Older Alaskans Commission. Combining the two would
increase the cost of running the Commission. He thought it
was important to keep the two Boards because of the
expertise they offer in the process of reorganization.
HARLAN KNUDSON, Alaska State Hospital and Nursing Home
Association, opposed Section 31 which removes the Medicaid
Rate Commission. The Board is a good place to figure out
rate changes and it is merely advisory. The Department
still makes the decision, but it does allow the industry a
chance to negotiate. Also, the repealers in the back look
like they are repealing all the staff of the Medicaid Rate
Commission. That is where the savings would be, but he
thought the staff was essential.
Number 440
SENATOR LEMAN said he would hold SB 80 until Friday.
SENATOR LEMAN announced SB 26 LEGISLATIVE SESSIONS TO BE IN
ANCHORAGE to be up for consideration.
Number 420
DALE ANDERSON, Juneau, opposed SB 26 and said that jobs in
Juneau is the issue. Talking about SB 26 is talking about
the very survival of his community, he said. It would cut
the economy here to the quick. It would eliminate hundreds,
if not thousands of jobs in Juneau.
This "capitol move bill" is insidious, because it will only
elevate the divisive factions across our state. We should
be working on legislation that secures basic needs and
services for all Alaskans. We should be turning our backs
on bill such as this that diverts precious dollars from
public policy away from making sure we have the key
essentials that government is responsible to provide.
He asked if this issue was important enough to split the
state again. Is it important enough to place his community
on the chopping block? Is voting politically correct more
important that voting the way your conscience dictates? He
asked them to vote as statesmen, not just politicians.
SENATOR MILLER said one of the biggest complaints he heard
from his constituents was lack of access. He asked what
suggestions he had to improve access. MR. ANDERSON said the
numbers of state jobs has increased much more in the
Anchorage area than in Juneau.
Number 282
CHRISTOPHER CLARK, Juneau resident, said we could use a road
out of here. Maybe now is the time to do it. He said we
have the technology to access people everywhere. People
don't have to be in the room in order to voice their
opinion. He said this city's economic base is government
even though it is diversifying with mining and tourism. He
didn't see how moving the legislature would solve any
problems the state is facing. He said the technology is
there to reach you anywhere you are in the state as long as
you want to be reached.
He said housing is a problem that needs to be addressed, but
moving the legislature is not the answer. He said the
future of the state does not depend on moving the
legislature to Anchorage. It depends on more people in his
age group (30) moving into the state and creating tax bases
and supporting the state and getting involved with the
community.
He concluded by saying we need to work with what we have
instead of moving the economic base from one part of the
state to another and hurting another part of the state.
CHIP WAGONER, Juneau, said no matter what moral compass you
have inside of you, this bill is wrong. If there was truly
an access problem, there is a lot we can be doing. He said
it would be a lot cheaper to solve the access problem
through telecommunications.
MR. WAGONER said it not fair to all concerned. It would
have a devastating impact on us whereas if it moves to
Anchorage, people will yawn.
This bill does not promote good will and better friendships.
This is a mean bill. It tears this community apart; it
tears the state apart.
This bill is not beneficial to all concerned. The benefit
of moving it to southcentral would be marginal compared to
the effect down here.
Number 140
JOE POOR, Director, Juneau Chamber of Commerce, opposed SB
26 because it poses additional threats to our local economy.
After the announcement of the closing of Greenscreek, Juneau
does not need another threat to the local economy.
According to the Institute of Social and Economic Research
at the University of Alaska, state spending is responsible
for 46% of all economic activity in the Southeast region.
It also projects a decline in state revenues based on
declining oil production.
Anchorage has 3,500 more state workers than currently
employed in Juneau. Perhaps Anchorage is worried about
closure of their military bases under the Clinton
administration and is willing to devastate another Alaskan
community for their own gain.
He questioned the validity of the fiscal notes attached to
this bill. He suggested accurate assessments be made prior
to any further discussions on this bill. Alaskan
communities need to work together if the projected decline
in oil revenues becomes a reality. With the
telecommunications technology we have, it is not necessary
for our legislature to be centrally located. Effective
later this year, the Federal Aviation Administration will be
installing a Global Positioning System (GPS) at the airport
which will increase the number of successful approaches to
Juneau by as much as 95%. This will be the first
installation for commercial purposes in the United States.
The US Air Force has been using this technology since 1971.
Southeast Alaska may be further impacted by the
restructuring within the National Guard. This could mean a
loss of about 50% of the Guardsmen in Southeast and having
them redeployed in the Anchorage and Fairbanks area.
SENATOR MILLER asked if GPS is old technology, why are we
just now getting around to using it? MR. POOR said it was
relegated to the armed services and it has just become
available commercially.
TAPE 93-10, SIDE A
Number 001
JIM KOHLER, Director, Southeast Conference, said the issue
of access is important. He said if we are truly concerned
about making the legislative and administrative branchs of
our government more accessible to all the people in the
state, it is important to realize that specific activities
are under way to alleviate this with telecommunications,
road access, etc. He volunteered to bringing a fiscal note
that shows the access issues could be dealt with effectively
for much less than this particular piece of legislation
would cost.
He urged that we work at making Alaska a truly unified
strong state and address the real problems that are facing
this state, for instance the statewide economy and
diversification. He said Greens Creek might not have closed
if over the last several years we, as a state, had invested
some energy into identifying and pursuing the construction
of a smelter activity that could handle base metals within
our own state. This would not only have kept Greens Creek
here, but it would have increased mineral type activities.
Number 115
LINDA NISSEN, Juneau resident, said that Juneau is the hub
of Southeast Alaska. It sparkles. What draws people to
Juneau is the legislature. Anchorage has other industries.
If the legislature leaves, Juneau is lost.
Number 170
DAN KECK, Sitka, said it is not the legislature's purpose to
create an economic base for any community. It is to make
laws for the people of Alaska. He didn't think they could
do this job any better in Anchorage. He pointed out that
they would not be very effective in Anchorage when all the
support agencies were still headquartered in Juneau. He
thought if they really wanted to move the capital that it
should go back to Sitka where it originated.
Number 199
JOHN LITTEN, Sitka Chamber of Commerce, opposed SB 26. If
you move the legislature from Juneau, you can't imagine how
that would affect Sitka, he commented. He pointed out that
Alaska Airlines now connects with Boise, Idaho and Spokane,
Washington. Southeast Alaska can support jet service. The
legislature is one of the major reasons why Alaska Airlines
flies to Southeast Alaska. He did not want to see
transportation go backwards, because it is essential to all
Southeast communities.
MR. LITTEN said if you look at any other capitals in any
other state, they are in more remote areas where you can be
more focused and have better productivity.
SENATOR MILLER said in the past that Juneau had more of a
willingness to work with Seattle than with Anchorage. He
used the time difference issue as an example when Juneau
wanted to stay on the same time as Seattle instead of
aligning with Anchorage. He wanted to see more willingness
from Juneau to work with the rest of the state.
Number 260
SENATOR DUNCAN said he had a list of people to address
Senator Miller's concerns.
SENATOR LEMAN said they would hold the bill in Committee
until Friday when they would receive more testimony.
SENATOR PHILLIPS said the vast majority, 80%, of his
constituents support moving the legislature to Anchorage.
The big problem is access. He said one of the reasons he
ran for office is to have better access to his constituents.
He said half the legislators live within 25 miles of the
Anchorage area. He agreed with the concerns on the fiscal
note. He believed the Senate Finance Committee would look
at them closely.
He said the audio and visual teleconference, if it is a good
thing, should work very well with state government
communicating with his constituents. He said this is a bill
to move only the legislature, not the capital.
Road access to Juneau he said would help, but you would
still have to drive 800 miles. Even if you have a road,
you're only saving a couple of hours. He said access to his
constituents is the real concern.
Number 349
SENATOR LEMAN said the Committee will hold SB 26 for further
testimony on Friday and adjourned the meeting at 11:02 a.m.
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