Legislature(1997 - 1998)
04/08/1997 03:33 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
April 8, 1997
3:33 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
CS FOR HOUSE BILL NO. 20(FIN)
"An Act relating to dog mushers' contests."
- MOVED CSHB 20(FIN) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 112(FIN)
"An Act amending the definition of `political party' except as the
definition of the term applies to the regulation of contributions
and expenditures in state and municipal election campaigns, an
amendment that also has the effect of changing the definition of
`political organization' as applied to the regulation of games of
chance and contests of skill."
- MOVED CSHB 112(FIN) OUT OF COMMITTEE
HOUSE BILL NO. 86
"An Act relating to the payments in lieu of taxes program for
cities in the unorganized borough; and providing for an effective
date."
- MOVED HB 86 OUT OF COMMITTEE
SENATE BILL NO. 147
"An Act relating to a retirement benefit for the surviving widow or
widower or surviving divorced spouse of a governor or lieutenant
governor of the state; and providing for an effective date."
- CSSB 147(STA) HELD IN COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
HB 20 - No previous action to record.
HB 112 - No previous action to record.
HB 86 - No previous action to record.
SB 147 - No previous action to record.
WITNESS REGISTER
Representative Ivan Ivan
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 20 & HB 86
Representative Al Vezey
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 112
Jim Baldwin, Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Testified in opposition to HB 112
Kevin Ritchie, Executive Director
Alaska Municipal League
217 2nd St.
Juneau, AK 99801
POSITION STATEMENT: Testified in support of HB 86
Joe Ambrose, Staff to Senator Robin Taylor
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on SB 147
Elton Engstrom
734 Goldbelt Ave.
Juneau, AK 99801
POSITION STATEMENT: Testified in support of SB 147
Bill Church, Retirement Supervisor
Division of Retirement & Benefits
Department of Administration
P.O. Box 110203
Juneau, AK 99811-0203
POSITION STATEMENT: Responded to questions on SB 147
ACTION NARRATIVE
TAPE 97-19, SIDE A
Number 001
CSHB 20(FIN) DOG MUSHING CONTESTS
CHAIRMAN GREEN called the Senate State Affairs Committee to order
at 3:33 p.m. and brought up CSHB 20(FIN) as the first order of
business before the committee.
REPRESENTATIVE IVAN IVAN, prime sponsor of HB 20, said dog mushing
contests are historically important activities to many Alaskans and
communities across the state, and the legislation would authorize
dog musher associations, which run races recognized by the Division
of Charitable Gaming, to conduct statewide games of chance. The
division recognizes those associations which have been in existence
for at least three years, have at least 25 Alaskan members and be
a not-for-profit organization. The prizes of money will be awarded
for the closest guesses of at least three elements of uncertainty
about a sled dog race that cannot be determined before the start of
the race. The intent is to provide a mechanism to assist race
organizing committees to become financially self-sufficient.
Representative Ivan pointed out that throughout the years high
profile protesting by animal rights groups has caused important
corporate sponsors to withdraw financial support. He said CSHB
20(FIN) would create a sweepstakes similar to one passed by the
previous Legislature for the Iditarod Race Committee and,
hopefully, allow sled dog races which do not have strong financial
backing to continue.
Representative Ivan clarified the legislation would allow
contestants to purchase tickets on which the contestant would guess
the checkpoints and finish line arrival times, the temperature when
a particular team crosses the finish line, the total number of dogs
that finish the race, etc. The dog mushers' associations will
administer the mushers' contests in conjunction with the state
regulatory authority. He added the legislation is an attempt to
start up a mechanism to keep dog mushing activities continuing
throughout the state.
Number 070
CHAIRMAN GREEN inquired if the legislation applies to dog mushing
contests in general, and REPRESENTATIVE IVAN acknowledged that it
applies to any dog mushing group that is recognized by the Division
of Charitable Gaming.
There being no further testimony on CSHB 20(FIN), CHAIRMAN GREEN
asked for the will of the committee.
SENATOR WARD moved CSHB 20(FIN) and the accompanying zero fiscal
notes be passed out of committee with individual recommendations.
Hearing no objection, it was so ordered.
CSHB 112(FIN) AMEND DEFINITION OF "POLITICAL PARTY"
CHAIRMAN GREEN brought CSHB 112(FIN) before the committee as the
next order of business.
REPRESENTATIVE AL VEZEY, prime sponsor of HB 112, said recognizing
that since 1970 the state of Alaska has not elected a governor by
a majority vote, he introduced the legislation as a means of
modifying the state's election law in the smallest way possible
which might produce a result that might reduce the number of
candidates that appear on the ballot and might increase Alaska's
chance of electing a governor by a majority vote.
Representative Vezey said Alaska's election law is well established
and has withstood constitutional challenge, and the approach in HB
112 is to not restrict or further restrict access to the ballot,
but to expand the means by which a group of people can organize and
get recognition as a political party. It sets a standard that in
addition to qualifying for the ballot by getting 3 percent of the
vote, that if a party has registered voters equal to 3 percent of
the vote cast in the last gubernatorial election, which would be
6,500 registered voters under a party affiliation, it would qualify
a party for recognition as a political status. He added that this
may or may not have any affect on the number of candidates that
appear on a ballot, but it might provide a major party an
opportunity to maintain its party status and not run a candidate
when it isn't serious about winning an election.
Number 140
SENATOR DUNCAN asked if under this new definition the Republican
Party, Democratic Party and the Alaska Independent Party could
retain party status without getting 3 percent of the vote in each
gubernatorial election year because of the number of registered
voters that they have. REPRESENTATIVE VEZEY responded that it is
his understanding that if this bill becomes law, those three
parties would have the option of how they wanted to maintain their
political status.
SENATOR DUNCAN asked if for any other party the only option would
be to have a gubernatorial candidate every four years and get at
least 3 percent of vote if they didn't have at least 10,000
registered voters. REPRESENTATIVE VEZEY answered that was not
correct. Right now groups of people that want to qualify as a
party have to run a candidate and garner 3 percent of the vote. If
this bill becomes law, an option would be that they could go out
and register voters equivalent to the same number.
Number 180
SENATOR MACKIE observed that this change makes it easier for
someone to get on a gubernatorial ballot. REPRESENTATIVE VEZEY
agreed, and said this is expanding the options available.
Number 200
JIM BALDWIN, Assistant Attorney General, Department of Law, stated
the legal issues brought up in this bill are substantial. He said
he suspects that if it becomes law it will provoke a lawsuit by one
of the major minor parties because of the differential treatment.
The Green Party, for example, is a recognized political party, and
the way the 3 percent works, they would not get the same treatment
as the Alaska Independent Party. They would not be able to sit out
the next gubernatorial election; they would have to run a candidate
in order to keep their recognized status in tact.
He said in order to sustain a differential treatment, the state is
going to be held to a very high standard of showing a governmental
interest, and he doesn't think that there has been a sufficient
record developed in the hearings that he has attended thus far
before the Legislature to support that kind of a governmental
interest.
Mr. Baldwin said the legislation appears to allow easier access to
the gubernatorial ballot, but its the manner in which the access is
granted that may raise some problems. For example, he is counsel
to the state on a case currently pending in the U.S. Supreme Court
having to do with the open primary. One of the issues raised is
does the state's open primary statute violate the freedom of
association under the First Amendment of the U.S. Constitution for
particularly a political party that wants to close its primary. He
noted the state has argued that political parties really don't mean
that much in Alaska because of the way our election laws are
established, and he thinks that if this law were to be enacted, it
would further bolster the state's arguments because the ability to
become recognized as a political party would be lessened.
Number 290
SENATOR MILLER commented that Mr. Baldwin had said that the only
option the Green Party would have was to run a candidate, but he
pointed out that they would have the second option of putting on a
massive registration drive and get the 3 percent. MR. BALDWIN
agreed, but he added that he thinks that presents another problem.
By using that as a second prong of the test to become a major
political party, what you are saying to the adherents of that
political party is that the only way you are going to be recognized
as a party is for you to declare openly your affiliation. He
thinks that if members of a political party could in court allege
by doing that they are being laid open to threats or intimidation
or coercion, the state will not be able to sustain that kind of a
requirement either.
Number 321
SENATOR MACKIE asked if the bill became law, an election was held,
and then there was a lawsuit and the state lost, does that mean the
whole election has to be voided. MR. BALDWIN replied that it would
be highly unlikely there would be a situation where a election
would be invalidated. The courts usually bend over backwards to
avoid that kind of result from happening, but it tends to lead to
a lot of uncertainty for the Division of Elections and a potential
for further problems with the electoral process.
SENATOR MACKIE inquired if Mr. Baldwin sees a solution that would
satisfy his legal concerns with this legislation. MR. BALDWIN
responded that there were some amendments that were proposed on the
House floor and in House Finance that would ameliorate a lot of
problems such as taking it down to 1 percent. He also said the
state has taken the strong position that it favors the open
primarily, and he thinks that what is done here as far as what
defines political party affects that case, and he suggested that
should be kept in mind.
There being no further testimony on CSHB 112(FIN), CHAIRMAN GREEN
stated the bill would be set aside.
HB 86 CITIES: PAYMENTS IN LIEU OF TAXES
CHAIRMAN GREEN brought HB 86 before the committee as the next order
of business.
REPRESENTATIVE IVAN IVAN, prime sponsor of HB 86, stated he
introduced the legislation because it will have a positive economic
impact on communities in rural Alaska that are in unorganized areas
of the state. The bill establishes the payment in lieu of taxes
program within the Department of Community & Regional Affairs for
home rule and general law cities located in the unorganized borough
within federally designed areas of the Alaska.
He related the program will be financed by funds the states
receives annually from the federal government under 31 U.S.C. 6901
- 31 U.S|.C. 6902. Senator Ted Steven sponsored an amendment to
the Omnibus Parks and Public Lands Management Act which allows
cities in the unorganized borough to receive payment.
Representative Ivan explained the legislation will provide a method
for the Department of Community & Regional Affairs to distribute
the annual funding and to establish criteria to determine whether
a city is eligible to receive payment under the program as intended
by federal law. The amount of money to be distributed to each
eligible home rule or general law city will be based upon the
population of the city as certified by the commissioner of the
DCRA. The funds received by the cities under this program can be
used for any general purpose for which the city is authorized under
federal, state or local law.
In conclusion, Representative Ivan said these funds will supplement
rather than replace current funding provided to the cities by the
state. He said it will improve the financial health of the cities
and, hopefully, will enhance and encourage cities to remain
incorporated instead of dissolving.
Number 430
CHAIRMAN GREEN asked Representative Ivan if the cities in the areas
that will impacted by the legislation are in favor of it, and he
acknowledged that they are.
Number 440
KEVIN RITCHIE, Executive Director, Alaska Municipal League, voiced
the Alaska Municipal League's support for HB 86.
Mr. Ritchie noted that before the federal legislation was passed
last year the only part of the United States that was not receiving
payment in lieu taxes funding was the unorganized boroughs, and
this legislation simply includes the unorganized borough with all
of the other boroughs in Alaska and the rest of the United States.
There being no further testimony on HB 86, CHAIRMAN GREEN asked for
the will of the committee.
SENATOR MACKIE moved HB 86 and the accompanying zero fiscal note be
passed out of committee with individual recommendations. Hearing
no objection, it was so ordered.
Number 470
SB 147 PERS:GOV/LT GOV'S SURVIVING SPOUSE OR EX
CHAIRMAN GREEN introduced SB 147 as the next order of business
before the committee. She then directed attention to a proposed
committee substitute.
SENATOR WARD moved the adoption of CSSB 147(STA). Hearing no
objection, CHAIRMAN GREEN stated the committee substitute was
before the committee for its consideration.
JOE AMBROSE, staff to Senator Robin Taylor, read into the record
the following sponsor statement:
"Senate Bill 147 was introduced at the request of Alaskans
concerned about the ability of the spouses of our elected statewide
leaders to sustain themselves in their senior years.
Because of the fact that the few individuals who might possibly
benefit from the legislation have been women, this sponsor
statement will refer to these individuals as our former "First
Ladies". It should be pointed out, however, that the provisions of
this bill would apply equally to any qualified spouse, regardless
of gender.
Although our First Ladies are not elected, they do serve an
important role in any administration. This legislation is intended
to acknowledge that role and provide a small benefit under limited
conditions to recognize that service.
SB 147 would provide a benefit of $1,000 per month to the surviving
widow or widower or the former spouse of a governor or lieutenant
governor. The spouse would have had to have been married to the
governor or lieutenant governor during their term in office.
The benefit is further restricted to an individual who is at least
60 years of age, unmarried at the time of collecting the benefit
and not employed in a position covered by a state retirement
system. Eligibility for the benefit would terminate with the death
of the individual or if they remarry or become eligible for a
benefit under the state retirement system.
We would like to assume that Alaska's former First Ladies are
provided for in their senior years. That may not always be the
case and SB 147 will provide a small safety net as a way of
acknowledging their service to the state of Alaska."
Mr. Ambrose related that Senator Taylor has no objection to
deleting references to the lieutenant governor in this legislation
so that it just applies to widows or widowers of former governors.
Number 495
SENATOR DUNCAN asked the differences between the original bill and
the committee substitute. MR. AMBROSE explained the original bill
makes reference to the surviving divorced spouse and the committee
substitute changes that to the former spouse. He also explained
the suggestion to delete references to the lieutenant governor is
being proposed because of the potential fiscal impact, as well as
the role of the spouse of the lieutenant governor is not on the
same level as the role of the spouse of the governor.
Number 512
ELTON ENGSTROM of Juneau, the requestor of the legislation, said
the wife of the governor is the only person in this state who does
as much work, in some ways, as her husband. He related that
approximately five or six months before he was contacted by a
former first lady asking for his help as she had been kicked out of
the Glory Hole,which is a shelter for homeless persons. He noted
this is somewhat like something that happened 100 years ago.
Another First Lady, Mary Lincoln, had a few mental problems and was
having a difficult time, and in 1873 Congress passed an annual
pension for her. Likewise, this legislation is for a former spouse
of a governor who is in desperate straights and could use some
acknowledgment for the time that she and others have worked for the
state of Alaska.
Number 547
SENATOR MILLER expressed concern with including divorced spouses in
the legislation because he thinks it might be stretching beyond the
concept that the requestor is trying to achieve. MR. ENGSTROM
responded that this is dealing with such a limited group, and, to
him, it is a recognition of the service performed by these
individuals.
Number 562
SENATOR WARD also expressed concern with putting this provision
into statute because it appears this is creating a piece of
legislation for one individual and he wasn't sure that was good
public policy.
TAPE 96-19, SIDE B
Number 015
SENATOR MILLER offered an amendment to delete all references to the
lieutenant governor which would limit the scope of the legislation.
Hearing no objection, the Chairman stated Amendment No. 1 was
adopted.
Number 025
BILL CHURCH, Retirement Supervisor, Division of Retirement &
Benefits, Department of Administration, stated he was present to
respond to questions from the committee.
SENATOR WARD inquired if former first ladies are eligible for
survivor benefits under their spouses retirement plan. MR. CHURCH
acknowledged they would have survivor benefits available if the
former governor was a vested member of the retirement system and if
the former governor, upon retirement, elected to provide survivor
benefits to the spouse. He also clarified to Senator Ward that
common law marriages are not recognized in the state for benefit
purposes.
SENATOR WARD asked if a governor was to serve only four years and
did not become vested under the state retirement system, under this
proposal would his spouse still qualify for this benefit. MR.
CHURCH acknowledged that the spouse would. SENATOR WARD commented
that could be unconstitutional.
There being no further testimony on CSSB 147(STA), CHAIRMAN GREEN
stated the bill would be held in committee.
Number 069
CSHB 112(FIN) AMEND DEFINITION OF "POLITICAL PARTY"
CHAIRMAN GREEN brought CSHB 112(FIN) back before the committee and
requested a motion on the legislation.
SENATOR MACKIE said he thinks the Department of Law has raised some
serious questions on this legislation that should be looked into by
the Attorney General.
SENATOR MILLER said he understands Senator Mackie's concern;
however, he does not believe the constitutional challenge is as
much a concern as Mr. Baldwin expressed it to be. He said it is
still the 3 percent, and nothing in the bill limits the party from
going out and doing an active registration drive so that they don't
have to run a candidate, or, if they want to continue to run a
candidate, they can do so.
SENATOR DUNCAN noted that the House Judiciary Committee had not
looked at this legislation, and he recommended that a Senate
Judiciary Committee referral be considered in addition to the
Senate Finance Committee. SENATOR MILLER related that after the
bill was passed out of the Sate Affairs Committee, he would get
together with Senator Taylor to discuss referring it to the Senate
Judiciary Committee.
Number 102
SENATOR MILLER moved CSHB 112(FIN) be passed out of committee with
individual recommendations. SENATOR DUNCAN objected. The roll was
taken with the following result: Senators Mackie, Ward, Miller and
Green voted "Yea" and Senator Duncan voted "Nay." The Chairman
stated the motion to move CSHB 112(FIN) out of committee carried.
There being no further business to come before the committee,
CHAIRMAN GREEN adjourned the meeting at 4:31 p.m.
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