Legislature(1999 - 2000)
04/06/2000 03:36 PM Senate STA
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SENATE STATE AFFAIRS COMMITTEE
April 6, 2000
3:36 p.m.
MEMBERS PRESENT
Senator Jerry Ward, Chairman
Senator Lyda Green, Vice Chair
Senator Gary Wilken
Senator Randy Phillips
Senator Kim Elton
MEMBERS ABSENT
All Members Present
COMMITTEE CALENDAR
SENATE CONCURRENT RESOLUTION NO. 16
Relating to Avalanche Awareness Month.
-MOVED OUT OF COMMITTEE
SENATE BILL NO. 292
"An Act relating to public school student immunizations."
-HEARD AND HELD
SENATE BILL NO. 120
"An Act relating to qualifications of voters; relating to the
registration of voters; relating to election districts and
officials; relating to election procedures and ballots; relating to
special procedures for elections; relating to nomination of
candidates; relating to national elections; relating to special
elections and appointments; relating to constitutional amendments;
relating to election offenses and corrupt practices; relating to
election pamphlets; relating to the deferral of jury service for
certain election officials; relating to an exemption from the State
Procurement Code regarding election ballots; relating to the
provision and use of mailing addresses on permanent fund dividend
applications for election purposes; relating to the inclusion of
voter registration forms with permanent fund dividend applications;
making conforming amendments in references to 'election district'
and 'chairman'; and providing for an effective date."
-HEARD AND HELD
SENATE BILL NO. 237
"An Act relating to payment, allowances, and benefits of members of
the Alaska National Guard and Alaska Naval Militia in active
service; relating to computation of certain benefits for members of
the Alaska State Militia; and providing for an effective date."
-MOVED OUT OF COMMITTEE
SENATE BILL NO. 238
"An Act relating to payment, benefits, and work status of members
in the active service of the Alaska State Militia; and providing
for an effective date."
-MOVED OUT OF COMMITTEE
SENATE BILL NO. 270
"An Act relating to return of contributed capital, or payment of a
dividend, to the state by the Alaska Student Loan Corporation; and
providing for an effective date."
-HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
SCR 16 - No previous Senate action.
SB 292 - See State Affairs minutes dated 3/23/00.
SB 120 - No previous Senate action.
SB 237 - No previous Senate action.
SB 238 - No previous Senate action.
SB 270 - No previous Senate action.
WITNESS REGISTER
Mr. Jerry Burnett
Legislative Staff for Senator Lyda Green
Alaska State Capitol
Juneau, AK 99802-1182
POSITION STATEMENT: Sponsor statement for SCR 16.
Ms. Aedene Arthur
HC 02 Box 7300
Palmer, AK 99645
POSITION STATEMENT: Supports SCR 16.
Ms. Chris Noakes
P.O. Box 521667
Big Lake, AK 99652
POSITION STATEMENT: Supports SCR 16.
Mr. Cleve Coyne
P.O. Box 874064
Wasilla, AK 99687
POSITION STATEMENT: Supports SCR 16.
Ms. Patsy Coyne
P.O. Box 86
Sutton, AK 99674
POSITION STATEMENT: Supports SCR 16.
Ms. Loretta Brown
Legislative staff for Senator Jerry Ward
Alaska State Capitol
Juneau, AK 99802-1182
POSITION STATEMENT: Commented on CSSB 292 and SB 120.
Dr. Peter Nakamura
Director of the Division of Public Health
Department of Health & Social Services
P.O. Box 110610
Juneau, AK 99811
POSITION STATEMENT: Commented on CSSB 292.
Mr. Lyle Axelarris
Address Not Provided
Tok, AK 99780
POSITION STATEMENT: Supports CSSB 292.
Ms. Tabitha Parker
Address Not Provided
Tok, AK 99780
POSITION STATEMENT: Supports CSSB 292.
Ms. Jamie Nalepinski
Address Not Provided
Tok, AK 99780
POSITION STATEMENT: Supports CSSB 292.
Ms. Joyce Wojciehouski
Address Not Provided
Dillingham, AK 99576
POSITION STATEMENT: Opposes CSSB 292.
Dr. John Middaugh, MD
Chief of Epidemiology Section
Division of Public Health
Department of Health & Social Services
P.O. Box 240249
Anchorage, AK 99524-0249
POSITION STATEMENT: Opposes CSSB 292.
Ms. Colleen Drake Wilke
Public Health Nurse
Disease Prevention and Control
Municipality of Anchorage
825 L Street
Anchorage, AK 99501
POSITION STATEMENT: Opposes CSSB 292.
Dr. Beth Funk
3601 C Street #540
Anchorage, AK 99503
POSITION STATEMENT: Opposes CSSB 292.
Ms. Beverly Wooley
Manager of Division of Community Health Services
Department of Health & Human Services
Municipality of Anchorage
2023 Dimond Drive
Anchorage, AK 99507
POSITION STATEMENT: Opposes CSSB 292.
Ms. Carol Shelley
12640 Ridgewood Rd.
Anchorage, AK 99516
POSITION STATEMENT: Opposes CSSB 292.
Mr. J.J. Tower
Student
7645 Griffith Street
Anchorage, AK 99516
POSITION STATEMENT: Opposes CSSB 292.
Ms. Gail Fenumiai
Election Program Specialist
Division of Elections
P.O. Box 110017
Juneau, AK 99811-0017
POSITION STATEMENT: Commented on SB 120.
Representative Hal Smalley
Alaska State Capitol
Juneau, AK 99802-1182
POSITION STATEMENT: Commented on CSSB 120.
Ms. Carol Carroll
Director of Administrative Services Division
Department of Military & Veterans Affairs
400 Willoughby Avenue Suite 500
Juneau, AK 99811
POSITION STATEMENT: Commented on SB 237 and SB 238.
Colonel Craig Christensen
Alaska National Guard
P.O. Box 5800
Fort Richardson, AK 99505
POSITION STATEMENT: Commented on SB 237 and SB 238.
Mr. Rick Turcik
Administrative Officer
Department of Military & Veterans Affairs
P.O. Box 5800
Fort Richardson, AK 99505
POSITION STATEMENT: Commented on SB 237.
Mr. Thomas Westall
Brigadier General
Alaska State Defense Force
Address Not Provided
Fort Richardson, AK 99505
POSITION STATEMENT: Commented on SB 238.
Ms. Diane Barrans
Executive Director
Alaska Commission of Postsecondary Education
3030 Vintage Blvd.
Juneau, AK 99801
POSITION STATEMENT: Supports SB 270.
ACTION NARRATIVE
TAPE 00-07, SIDE A
Number 001
CHAIRMAN WARD called the Senate State Affairs Committee to order at
3:36 p.m. Present were Senators Ward, Green, Phillips, and Elton.
The first order of business to come before the committee was SCR
16.
SCR 16-AVALANCHE AWARENESS MONTH
MR. JERRY BURNETT, Legislative staff for Senator Lyda Green, stated
each year Alaskans lose their lives as a result of avalanches. One
of the worst years was 1999, when 14 people were killed by
avalanches in Alaska. Often, nothing can be done to prevent
avalanches from occurring, much can be done to prevent the loss of
life from avalanches.
SCR 16 would proclaim November as "Avalanche Awareness Month."
This proclamation would raise public awareness of the hazards
associated with avalanches, and the opportunities to participate in
avalanche safety training at the beginning of the winter recreation
season. It is hoped that the public participation in avalanche
safety programs would be increased and that this increased
participation would result in saved lives during the winter.
The need for SCR 16 was brought to Senator Green's attention by the
Backcountry Avalanche Awareness Response Team (BAART).
MS. AEDENE ARTHUR, representing herself, stated her son Aaron, was
one of the 14 people who lost their lives in 1999. In memory of
these people BAART was founded, in hopes that other deaths would
not occur from avalanches. November was chosen for "Avalanche
Awareness Month" so a campaign for avalanche safety measures would
be given at the beginning of the winter season.
SCR 16 would educate Alaskans on avalanche awareness, safety
measures, proper equipment, and how to use it. November is an
optimum time to emphasize awareness and safety equipment, as this
is when Alaskans thoughts turn to winter activities and many
purchase outdoor equipment. Emphasizing these topics in November
would allow time for people to think about purchasing safety
equipment such as: probes, shovels, and avalanche beacons as
Christmas gifts.
November is a prime time for presentations of awareness and safety
classes in schools and community classes. Many response teams will
be practicing at this time, by raising awareness for the importance
of these groups perhaps more people will be inclined to be trained
to help in emergency situations. Ms. Arthur stated support for SCR
16.
MS. CHRIS NOAKES, President of BAART, stated support for SCR 16.
The State no longer has an avalanche warning system in place,
federal law does mandate Alaska have an avalanche warning system.
SENATOR GREEN stated this year's budget money was returned to an
avalanche awareness program. That money should increase next year,
and continue to grow from there on.
MR. CLEVE COYNE, representing himself, stated support for SCR 16.
Losing someone to an avalanche affects everyone in the family and
in Alaska. Information should be made more available on avalanches
and awareness.
MS. PATSY COYNE, representing herself, stated support for SCR 16.
SENATOR ELTON stated SCR 16 is an important step toward informing
people on the dangers of avalanches. Financial resources should be
given to groups like BAART so they have an enhanced ability to
inform Alaskans.
SENATOR GREEN moved SCR 16 out of committee with individual
recommendations. Without objection, the motion carried.
SB 292-PUBLIC SCHOOL STUDENT IMMUNIZATIONS
SENATOR GREEN moved to adopt CS for SB 292 (STA)(version G) as the
working version of the committee. Without objection, CS for SB 292
(STA)(version G) was adopted.
MS. LORETTA BROWN, Legislative staff for Senator Jerry Ward, stated
the language in section 1 (a)(7),"unless the commissioner of the
Department of Health and Social Services certifies that there is no
risk of harm to an individual child from the vaccine or" was
deleted. The language "a parent or legal guardian of the child
objects to the immunization based on religious or personal
beliefs;" was inserted on page 2, line 21 and page 3, line 22.
Section 3, subsection (b) has been added to the bill "The
commissioner of Health and Social Services shall make available to
the public a safety and public needs brochure that describes the
risks and benefits of vaccines and immunizations that are required
for attendance in a licensed day care center, public school, or
private school. The brochure described in this subsection must
disclose the source of the information used in the brochure."
CHAIRMAN WARD announced the committee would stand at ease.
VICE CHAIR GREEN stated she would be chairing the meeting in lieu
of CHAIRMAN WARD.
MS. BROWN said 17 states provide a personal belief exemption.
SENATOR ELTON asked how the State will determine what is a
legitimate excuse, and not an excuse of convenience.
MS. BROWN referred to a survey conducted in California.
Number 1169
SENATOR ELTON asked what will be determined if parents disagree
with one another on immunizations of the child, and who will
arbitrate.
MS. BROWN stated that was not addressed, therefore, she is unsure.
DR. PETER NAKAMURA, Director of the Division of Public Health,
Department of Health & Social Services, stated the language in CS
for SB 292 (STA) is still troublesome. There are many physicians
in the State who would be more than willing to sign off on
exemptions for vaccines, and that puts many people at risk. A
personal exemption could be used as a convenience method for
parents who are too lazy to have their children immunized, and that
is putting the child at risk.
VICE CHAIR GREEN asked what the standard is in current statute.
DR. NAKAMURA answered regulations are in place that require a sign
off for a valid medical or religious reason.
SENATOR ELTON asked whether Dr. Nakamura would be called upon to
dissolve a dispute between parents.
DR. NAKAMURA stated a legal advisor would be better equipped to
answer the question.
SENATOR ELTON asked whether Dr. Nakamura could define what a
personal belief is.
DR. NAKAMURA answered no, the subject is too broad.
MR. LYLE AXELARRIS, representing himself, stated support for CS for
SB 292. Choices should be left up to the parents, not the
government. For a state to assume responsibility for a child's
welfare by making blanket health care decisions for all children is
to act as a communist state.
Number 1703
MS. TABITHA PARKER, representing herself, stated support for CS for
SB 292. It is important for parents to make the decision about
their children's health care, parents should not need to use
religion as a safety net.
MS. JAMIE NALEPINSKI, representing herself, stated support for CS
for SB 292. Vaccinations are very traumatic for young children,
and parents should have the choice whether to subject their
children to them.
MS. JOYCE WOJCIEHOUSKI, representing herself, stated opposition for
CS for SB 292. Being a registered nurse she has witnessed the
devastation these diseases can cause. Some children do have
legitimate medical reasons for not receiving a vaccine. If parents
choose not to immunize their children for personal beliefs it puts
the children at risk because of medical reasons.
DR. JOHN MIDDAUGH, Division of Public Health, Department of Health
& Social Services, stated he was assigned to the State Health
Department in 1975, and inheritrd an epidemic of diphtheria
followed by an epidemic of measles. Parents moving in and out of
Alaska were able to exercise a philosophical exemption, or schools
stopped enforcing the existing requirements at that time.
The State was reminded in 1996, with an outbreak of measles in
Juneau, and in 1998 in Anchorage, how important and significant
vaccinations are. Vaccines simply protect children in the settings
where these diseases spread rapidly and place individuals at risk.
The decision of a parent to not vaccinate their child because of
personal beliefs is respected, but that child cannot attend day
care or school, and then the child's education is at risk. Dr.
Middaugh stated opposition for CS for SB 292. Studies in other
states have shown that exempted persons are 35 times more likely to
contract measles than vaccinated persons.
MS. COLLEEN DRAKE WILKE, Public Health Nurse for the Municipality
of Anchorage, stated she has been investigating whooping cough
cases in young children who are too young to receive vaccines. The
immunization goal in a community is to develop pert-immunity (ph),
where you immunize as many individuals as possible to decrease
disease, so those who cannot benefit from vaccines are protected by
lack of infectious disease in the community. Ms. Wilke stated
opposition for CS for SB 292.
DR. BETH FUNK, stated opposition for CS for SB 292.
MS. BEVERLY WOOLEY, Manager of Community & Health Services for the
Municipality of Anchorage, stated opposition for CS for SB 292.
CSSB 292 would result in reduced immunization levels and an
increase in disease. Vaccines are known to be the most effective
protection against disease that continues to threaten our children.
MS. CAROL SHELLEY, representing herself, stated opposition for CS
for SB 292. Alex, her son, contracted whooping cough at four weeks
old and could have died. Whooping cough is a vaccine preventable
disease, the lack of vaccinations puts small children at risk who
are too small to receive the immunization.
Tape 00-07, Side B
MR. J.J. TOWER, student, stated opposition for CS for SB 292. He
does not want to become exposed to infectious diseases because
another child has not been immunized. If there are no
vaccinations, millions of children may become afflicted with a
deadly disease, and become highly contagious because of the closely
knit school environments.
VICE CHAIR GREEN stated CS for SB 292 would be held in committee.
SB 120-DIVISION OF ELECTIONS
SENATOR ELTON asked, because of the unusual circumstances, if any
amendments offered would be held for a later meeting.
VICE CHAIR GREEN replied the remainder of the meeting is for the
purpose of hearing public testimony, and to recess to the call of
the chair.
MS. GAIL FENUMIAI, Election Program Specialist for the Division of
Elections, stated SB 120 was an identical bill to HB 163 but
changes have been made.
MS. BROWN stated a proposed committee substitute for SB 120
contains some of the changes made to HB 163.
SENATOR PHILLIPS moved to adopt CS for SB 120 (STA) (version H) for
discussion purposes only. SENATOR ELTON objected for the purpose
of making the following statement: debating the merits of SB 120
v. the merits of CS for SB 120, SENATOR ELTON removed his
objection.
MS. BROWN explained the changes made in CSSB 120. The use of
stickers that was adopted in HB 163 was incorporated into CS for SB
120. Jury service exemption was included in CS for SB 120.
Sections 63-70 were deleted from HB 163 and CS for SB 120. On page
6, line 25, Section 12 regarding seals and emblems, have been
added. Sections regarding run-off elections and redistricting
have been added.
MS. FENUMIAI stated general support for CS for SB 120. Some
provisions in CS for SB 120 the Division of Election (DOE) does not
support. The use of stickers DOE does not support, also section 45
regarding run-off elections DOE has concerns about. Ms. Fenumiai
referred to the 1998 election. DOE has concerns about the
certification process for absentee ballots, the estimated cost of
a House District run-off would be about $18,000 and a Senate
District run-off would be about $37,500.
The effective date of CS for SB 120 is July 1, 2000 and DOE has
asked for a delayed effective date. DOE would like to have an
effective date for sections 51-52 of January 1, 2001.
SENATOR ELTON asked for a list of legislative races, in the last
decade, that have been decided by less than 50 percent of the vote.
Number 1790
REPRESENTATIVE HAL SMALLEY referred to HB 155, regarding municipal
assemblies forms of reapportionment. Representative Smalley
expressed concerns about CS for SB 120. He proposed an amendment
to delete sections 86-89 and part of the title that refers to that.
SENATOR ELTON stated opposition for the 50 percent requirement, and
expressed concerns about other provisions in the bill.
VICE CHAIR GREEN stated CS for SB 120 with the proposed amendment
would be held in committee.
SB 237-ALASKA NATL GUARD/NAVAL & STATE MILITIA
MS. CAROL CARROLL, Director of Administrative Services Division for
the Department of Military & Veterans Affairs, stated SB 237 will
streamline some functions within the Department of Military &
Veterans Affairs (DMVA) and call on Alaska Defense Forces (ADF) to
respond to a disaster or search and rescue.
SB 237 deals with the federal side of DMVA and calling on ADF; it
takes the method of calculation for pay for ADF during active duty,
replaces the allowance, and multiplies the active pay by 200
percent. SB 237 will eliminate over 345 steps taken to calculate
active duty pay for each individual.
VICE CHAIR GREEN stated it is just a different calculation method.
MS. CARROLL agreed.
Number 1483
COLONEL CRAIG CHRISTENSEN, Alaska National Guard, stated the Alaska
National Guard talked with many other states on how active duty pay
was calculated, and how other states have adopted a simplified
method of payment of by taking a basic pay amount and multiplying
it by a specific percentage. Colonel Christensen stated support
for SB 237.
SENATOR PHILLIPS asked how many people would be effected by SB 237.
COLONEL CHRISTENSEN stated approximately 2000 Air National Guard
members, approximately 2000 Army National Guard members, and
approximately 50 Naval Militia.
MR. RICK TURCIK, Administrative Officer for Department of Military
and Veterans Affairs, stated SB 237 will ensure the pay calculation
for the guard member on State active duty in a timely and accurate
manner.
SENATOR PHILLIPS moved SB 237 out of committee with individual
recommendations. Without objection, the motion carried.
SB 238-MEMBERS OF ALASKA STATE MILITIA
MS. CARROLL stated SB 238 clarifies how the Alaska State Militia
will be paid during State active duty. SB 238 would mandate the
Alaska State Militia be paid as State employees according to the
work. Prior to SB 238, DMVA were paying the Alaska State Militia
in the same manner as the Alaska National Guard. The Department of
Law contacted DMVA and informed them that it was an incorrect
method. If the Alaska State Militia is called for duty, they are
hired as emergency employees. That does disrupt the military
command structure, and it questions their regular job protection.
SB 238 is a method of payment for the Alaska State Militia when
called to State active duty only.
VICE CHAIR GREEN asked if this is the method that DMVA was advised
to use.
MS. CARROLL stated this is the easiest way to pay these employees,
and provide for regular job protection.
GENERAL THOMAS WESTALL, Brigadier General for the Alaska State
Defense Force, stated since 1984, the Alaska State Defense Force
(ASDF) has been the principle responder to emergencies and
disasters in the State. ASDF is a State troop, therefore, they do
not need federal authorization to maneuver. ASDF can maneuver on
the order of the Governor and the Adjutant General. SB 238
clarifies the question in payment for ASDF. ASDF is not a federal
task force and the Department of Justice determined ASDF should not
be paid in the same manner as a federal task force.
SENATOR ELTON asked what the structure of command is for the ASDF.
MS. CARROLL replied some confusion arose about whose disciplinary
action the ASDF falls under. SB 238 would clarify that ASDF would
be under military discipline, and have regular job protection. Ms.
Carroll referred to Title 26.
SENATOR ELTON asked if the disciplinary structure in place for DMVA
was standard.
MR. CHRISTENSEN stated ASDF is under the State regulations.
GENERAL WESTALL stated ASDF are brought into service under the
Governor and State regulations. ASDF does not function under
federal military control. When ASDF is called into active duty,
ASDF operates under the Uniform Code of Military Justice and the
discipline prescribed by Congress that all militias of the United
States must comply with. Title 26 of the Alaska statute compels
people in ASDF to report for duty, but Title 26 provides statutory
protection for those people to leave their regular jobs and report
for duty.
SENATOR PHILLIPS moved SB 238 out of committee with individual
recommendations. Without objection, the motion carried.
SB 270-STUDENT LOAN CORP PAYMENTS TO STATE
MS. DIANE BARRANS, Executive Director for Alaska Commission on
Postsecondary Education, stated support for SB 270. Changes to the
Alaska Student Loan Program in recent years have resulted in an
annual net income. The program goals are to continue in a
direction of fiscal strength and good credit standing, to continue
to reduce the cost of borrowing for Alaska residents, to continue
to reduce the corporation's equity deficit, currently at $43
million, and to propose a mechanism that makes possible a return of
contributed capital to the corporation's original financing source;
the State of Alaska.
In 1999, the program's improved financial standing was rewarded by
a double A upgrade. The interest rate on the 2000/2001 State
student loan was reduced to 8 percent. The interest free borrowing
policy while students are attending school remains intact, and the
corporation's equity deficit has been reduced by $7 million over
the last two years.
SB 270 provides that in any year the corporation has a $2 million
net income, the board will declare return of capital payment to the
State between 10-35 percent of the income amount. SB 270 has
received support from the House and Senate. Ms. Barrans referred
to graphs produced by the program.
Number 329
SENATOR WILKEN stated the graphs should show more previous years,
and the graphs are an indication the program is doing great work.
VICE CHAIR GREEN stated SB 270 would be held in committee.
There being no further business to come before the committee, VICE
CHAIR GREEN recessed to the call of the chair at 5:15 p.m.
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