Legislature(2003 - 2004)
05/08/2003 03:35 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS COMMITTEE
May 8, 2003
3:35 pm
MEMBERS PRESENT
Senator Gary Stevens, Chair
Senator Fred Dyson
Senator Gretchen Guess
MEMBERS ABSENT
Senator John Cowdery, Vice Chair
Senator Lyman Hoffman
COMMITTEE CALENDAR
HOUSE BILL NO. 248
"An Act relating to the annual salary of the chief procurement
officer; and providing for an effective date."
MOVED HB 248 OUT OF COMMITTEE
SENATE BILL NO. 198
"An Act relating to recovery of civil damages by a peace officer
or firefighter; and providing for an effective date."
MOVED CSSB 198(STA) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 266(FIN)
"An Act relating to questioned ballots and questioned voters,
voter registration, training of election officials, preparation
of election materials, provision of election materials, forms,
and supplies for polling places, voter identification, absentee
voting, and counting ballots; and providing for an effective
date."
MOVED CSHB 266(FIN) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 6
Proposing an amendment to the Constitution of the State of Alaska
relating to the duration of a regular session.
MOVED SJR 6 OUT OF COMMITTEE
SENATE BILL NO. 211
"An Act relating to the publishing and furnishing of certain
public notices regarding regulations or rules of certain state
agencies; relating to distribution of the Alaska Administrative
Code, Alaska Administrative Register, and supplements to the code
or register; and providing for an effective date."
HEARD AND HELD
SENATE BILL NO. 183
"An Act authorizing municipalities to provide for economic
development and authorizing municipalities to expend revenue
collected on an areawide or nonareawide basis to provide for
economic development."
MOVED CSSB 183(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
HB 248 - No previous action to record.
SB 198 - No previous action to record.
HB 266 - No previous action to record.
SJR 6 - See State Affairs minutes dated 2/11/03
SB 211 - No previous action to record.
SB 183 - See CRA minutes dated 4/30/03
WITNESS REGISTER
Dan Spencer
Director, Division of Administrative Services
Department of Administration
PO Box 110200
Juneau, AK 99811-0200
POSITION STATEMENT: Testified on HB 248
Brian Hove
Staff to Senator Ralph Seekins
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 198
Mike Couturier
Anchorage Police Department Employees Association Vice President
and Patrolman
No address provided
POSITION STATEMENT: Testified on SB 198
Mike Fox
No address provided
POSITION STATEMENT: Testified on SB 198
Will Aitchison
Attorney for the Anchorage Police Employees Association
No address provided
POSITION STATEMENT: Testified on SB 198
Mitch Gravo
Lobbyist and Attorney for the Anchorage Police Department
No address provided
POSITION STATEMENT: Testified on SB 198
Laura Glaiser
Director Division of Elections
P.O. Box 110017
Juneau, AK 99811-0017
POSITION STATEMENT: Testified on HB 266
Sarah Felix
Assistant Attorney General, Civil Division
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Available for questions on HB 266
Sara Nielsen
Staff to Representative Ralph Samuels
POSITION STATEMENT: Testified on SJR 6
Senator Ralph Seekins
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 183
Dan Bockhorst
Local Boundary Commission
Department of Community & Economic Development
550 West Seventh Avenue, Suite
Anchorage, Alaska 99501-3510
POSITION STATEMENT: Testified on SB 183
David Leone
P.O. Box 71267
Fairbanks, AK 99707
POSITION STATEMENT: Testified on SB 183
Craig Tillery
Assistant Attorney General, Environmental Section
Department of Law
th
1031 W. 4 Ave, Suite 200
Anchorage, AK 99501
POSITION STATEMENT: Testified on SB 211
Robert Pierson
No address provided
POSITION STATEMENT: Testified on SB 211
Mark Davis
Director of Banking
Department of Community & Economic Development
PO Box 110800
Juneau, AK 99811-0800
POSITION STATEMENT: Testified on SB 211
Randy Ruedrich
No address provided
POSITION STATEMENT: Testified on SB 211
Elise Hsieh
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Listened to testimony on SB 211
Linda Hall
Director, Division of Insurance
Department of Community & Economic Development
PO Box 110800
Juneau, AK 99811-0800
POSITION STATEMENT: Testified on SB 211
ACTION NARRATIVE
TAPE 02-03-28, SIDE A
CHAIRMAN GARY STEVENS called the Senate State Affairs Committee
meeting to order at 3:35 pm. Present were Senators Fred Dyson,
Gretchen Guess and Chair Gary Stevens. Senators John Cowdery and
Lyman Hoffman arrived soon thereafter. The first order of
business to come before the committee was HB 248.
HB 248-SALARY OF CHIEF PROCUREMENT OFFICER
Dan Spencer, Director of Administrative Services for the
Department of Administration, explained that HB 248 would change
the salary for the chief procurement officer to a range 24 from a
range 23 on the State of Alaska scale.
CHAIR GARY STEVENS noted the fiscal notes reflect a net savings
to the state.
SENATOR GRETCHEN GUESS made a motion to move HB 248 and attached
fiscal notes from committee with individual recommendations.
There being no objection, it was so ordered.
SB 198-DAMAGES RECOVERED BY POLICE/FIREFIGHTER
BRIAN HOVE, staff to Senator Ralph Seekins, read the sponsor
statement into the record:
SB 198 revises the common law known as the
Firefighter's Rule. This rule precludes firefighters
and peace officers from recovering civil damages for
injuries caused by any negligent act inflicted while on
duty. The Firefighters Rule does not distinguish
between negligent acts requiring the firefighters or
peace officer's response from negligent acts that are
unrelated to the reason the firefighter or peace
officer was required to respond.
For example, as currently employed, the Firefighters
Rule precludes a police officer from suing for damages
for injuries suffered as a result of being struck by a
drunk driver during the course of transporting a
prisoner to the courthouse. This despite the fact that
the negligent act, in this case, the drunk driving, is
unrelated to the duty the officer was performing at the
time. SB 198 corrects this incongruity. Yet, on the
other hand, this bill does nothing to change the case
where the police officer is injured during the course
of a pursuit of the drunk driver. This is considered a
foreseeable risk associated with the profession and,
accordingly, well within that which the Firefighter's
Rule should cover.
Therefore, SB 198 makes a distinction between
negligence that is related to the reason the
firefighter or peace officer is responding and
negligence that is unrelated to the reason the
firefighter or peace officer is responding. In the
first instance, it does not allow a civil action.
Instead the firefighter or peace officer must rely on
the state's workers compensation system. However, in
the case where injury was caused by a negligent act not
related to the reason for the firefighter or peace
officer's response, then - under this legislation - a
civil action can be brought against the at-fault party.
SENATOR JOHN COWDERY asked how many people might be affected by
this legislation and what other states have done in this regard.
MR. HOVE didn't have that information.
SENATOR GRETCHEN GUESS asked whether the bill would be
retroactive.
MR. HOVE replied they had not discussed effective dates.
SENATOR FRED DYSON asked who the personal representative is for
peace officers.
CHAIR GARY STEVENS asked Mike Couturier to join Mr. Hove at the
table.
MIKE COUTURIER, an Anchorage Patrol Officer, expressed support
for SB 198. He said officers accept the inherent risks associated
with their profession, but need recourse for accidents and
injuries that are unrelated to the job they are performing. He
told a story about an officer that was critically injured by a
drunk driver while enroute to a call. Because of the Fireman's
Rule, he was unable to recover damages incurred as a result of
that traffic accident. Peace officers and firefighters shouldn't
have to give up their rights as citizens when they are working.
These are infrequent occurrences and would not cause a large
increase in litigation across the state; the bill would simply
take care of the exceptions.
SENATOR GUESS asked the committee to entertain two points:
· Whether the bill should be retroactive to 2000
· That the effective date should be immediate
SENATOR JOHN COWDERY commented that glitches in law should be
corrected.
CHAIR GARY STEVENS asked whether insurance coverage entered into
the discussion.
MR. COUTURIER advised it did to a certain extent because
taxpayers are paying for acts of neglect.
MIKE FOX, retired state trooper and employee of a Public Safety
Employee Association, testified in support of the bill.
WILL AITCHISON, attorney for the Anchorage Police Employees
Association, testified via teleconference in support of SB 198.
The Fireman's Rule stems from old rules regarding liability when
someone is doing business on your property. It evolved to the
point that police officers and firefighters had no right to
recover from a negligent third party when injured on the job.
A number of state legislatures have statutorily repealed court
decisions that adopted this type of rule on the theory that the
negligent wrongdoer, not the public, should bear responsibility
for their conduct.
The Firefighters Rule was adopted in a case involving the
Dillingham chief of police, but the Alaska Supreme Court didn't
define the confines of the rule and there are several. SB 198
adopts the Firefighters Rule statutorily, but makes a distinction
between negligence that is related to the reason the firefighter
or peace officer is responding and negligence that is unrelated
to the reason they are responding.
In response to Senator Cowdery's question, he said these cases
have been infrequent in Alaska. With regard to Senator Dyson's
question, he said the personal representative refers to peace
officers and firefighters who have died in the line of duty and
in those cases the personal representative would be the executor
of the estate.
CHAIR GARY STEVENS asked him to comment on the effective date and
whether it should be retroactive to 2000.
MR. AITCHISON said the bill is written to be effective on July 1,
but he doesn't see why it should be then. Also, the way he reads
the bill it would be retroactive to an existing claim.
SENATOR COWDERY asked if the state would assume additional costs
with this change.
MR. AITCHISON opined there would be a cost reduction to the
state.
CHAIR GARY STEVENS pointed out that page 2, line 5 makes the law
applicable on or after the effective date of the act.
SENATOR COWDERY asked what is typical in other states.
MR. AITCHISON thought this was the most common form. Other states
are split. Some have a more intensive rule and some have no rule
whatsoever.
SENATOR DYSON asked if the bill would allow for just the
negligent party to be sued and not a deep pocket.
MR. AITCHISON replied the bill only allows lawsuits against those
who are negligent and only where the negligence is independent of
the reason that the officer or firefighter is responding.
SENATOR DYSON asked for verification that SB 198 wouldn't allow
an injured officer or firefighter to collect twice for medical
bills or lost wages.
MR. AITCHISON said there would be an obligation to pay back the
state or whoever paid the medical bills.
SENATOR DYSON asked if pain and suffering, payment for loss of
future earnings and punitive damages would go directly to the
injured worker.
MR. AITCHISON replied they would.
SENATOR DYSON asked how to modify the bill to make it
retroactive.
MR. AITCHISON replied you would remove the applicability clause.
SENATOR GUESS stated she would like to remove Sec. 2 and make it
effective immediately.
CHAIR GARY STEVENS asked the sponsor's staff to respond to the
proposed change.
MR. HOVE said he had no problem with the change.
SENATOR LYMAN HOFFMAN commented [indiscernible}.
MITCH GRAVO, attorney and lobbyist for the Anchorage Police
Department Employees Association, testified they would support
the amendment.
SENATOR GUESS made a motion to amend the bill to remove Sec. 2,
lines 3-6 on page 2 and make a new Sec. 2 to make the effective
date immediate.
CHAIR GARY STEVENS called for a roll call on Amendment 1.
Senators Hoffman, Cowdery, Dyson, Guess and Chair Gary Stevens
voted yea. Amendment 1 passed unopposed.
SENATOR DYSON made a motion to move CSSB 198(STA) and attached
fiscal note from committee with individual recommendations. There
being no objection, it was so ordered.
HB 266-ELECTIONS & VOTER REGISTRATION
LAURA GLAISER, director of the Division of Elections, read into
the record:
In October 2002, President Bush signed the "Help
America Vote Act," (HAVA) into law. HAVA is the result
of a bipartisan effort in Congress to make sweeping
changes to federal election laws to improve the overall
administration of elections, increase accessibility to
those with disabilities, and also to prevent voter
fraud.
Many changes required under HAVA do not require
amending Alaska statute, but HB 266 includes those
necessary to meet federal mandates. Changes recommended
in the bill before you follow the intent of the federal
law and do not place unnecessary burdens on the voter.
It is imperative that these changes mandated by federal
law are passed by the Legislature this year.
HB 266 also includes changes the division recommends.
The division supports the language recommended in
Senator Lincoln's SB 24, and it has been included in
this bill with her permission. Other changes regarding
returning identification/voter cards to other
jurisdictions, reference to a "master list," and adding
types of information that can be provided by the voter
when registering in person are requested by the
division in this bill.
The House State Affairs Committee removed the language
suggested by the division changing the term "questioned
ballots" to "provisional ballots." The federal law
refers to "provisional voting," (which Alaskans refer
to as "questioned voting") and the division originally
recommended changing the references in statute to
conform to the federal language.
The State Affairs Committee also restored references to
the division sending voters letters regarding the
status of their absentee, questioned, or partially
counted ballot in addition to the "free access system"
required in HAVA.
The House Finance Committee substitute removes perhaps
the most significant change NOT mandated by the federal
act. In the first two versions of the bill the division
recommended replacing the terms "non partisan" and
"undeclared" with the term "unaffiliated." As a result,
there will be no changes to the current references to
"non partisan" and "undeclared."
SENATOR JOHN COWDERY questioned what the difference would be for
someone showing up at the polling booth.
MS. GLAISER replied there would be a difference for the voter
that initially registered to vote by mail and therefore didn't
have to show identification. Those voters would have to verify
their identification. The idea was to get at voter fraud and
those voters who have registered to vote in person and have
typically voted in person would see no change.
SENATOR COWDERY asked if not passing the bill would place the
state in violation of federal law.
MS. GLAISER said that with passage of the Capital Budget, $5
million federal dollars would be available to implement the law
and another $4.1 million would be available by the end of the
year. It's highly likely those monies would be taken back and the
state would be served if the legislation were to fail.
SENATOR COWDERY asked how the division would spend the money.
MS. GLAISER replied much of the money would be spent on touch
screen polling and on updates to the voter database.
SENATOR LYMAN HOFFMAN asked why the division recommended the term
"non partisan".
MS. GLAISER said the regional supervisors believe most voters
don't know the difference between "non partisan" and "undeclared"
and they thought that it would help the voter to use the one term
and provide a definition.
The division defined "non partisan" as a person that doesn't
affiliate with a particular party while an "undeclared" voter may
have a particular party affiliation, but they don't want to
declare that affiliation.
SIDE B
4:20 pm
SENATOR COWDERY asked how "undeclared" would do in a closed
primary.
MS. GLAISER replied they both have the same access to the ballot
and that is why making them one code or term would not affect
their access to the ballot.
SENATOR HOFFMAN noted they would still have to make a selection
and couldn't cross over in a primary.
MS. GLAISER agreed that is correct under the current law.
CHAIR GARY STEVENS said the impact to the voter would be
negligible if "unaffiliated" were selected as the term.
MS. GLAISER replied that would be correct as long as the
understanding is that you are either in a party or you are
unaffiliated.
SENATOR HOFFMAN remarked the voters that were frustrated in the
last election would still be frustrated if this were to pass.
MS. GLAISER agreed. She then noted the House passed a zero fiscal
note with the bill, which was incorrect. The correct fiscal note
is dated 4/15/03 4:16 pm and it shows $382,000 in federal
receipts. Initially the fiscal note was zero because the monies
were to have been shown in the Capital Budget. The minority
members of the House State Affairs Committee asked the division
to show that money. The analysis was the same and adopting the
zero note with the bill was simply an error.
CHAIR GARY STEVENS asked for a motion to adopt the corrected
fiscal note.
SENATOR COWDERY made a motion to remove the fiscal note dated
4/11/03 2:53 pm and adopt the fiscal note dated 4/15/03 4:16 pm.
There was no objection.
SENATOR COWDERY made a motion to move CSHB 266(FIN) and attached
fiscal notes from committee with individual recommendations.
There being no objection, it was so ordered.
SJR 6-CONST AM: 90 DAY LEGISLATIVE SESSION
SENATOR GRETCHEN GUESS stated her contention that the Legislature
could do the people's business in 90 days.
SARA NIELSEN, Staff to Representative Ralph Samuels, said the
1956 minutes show there was much debate regarding the length of a
legislative session. Initially they decided not to limit
themselves.
SENATOR JOHN COWDERY asked whether there was anything about the
Uniform Rules in the 1956 minutes.
MS. NIELSEN said the minutes addressed the Uniform Rules and how
they would conduct business. She opined that if the Constitution
were changed the Uniform Rules would likely need to be changed as
well.
SENATOR COWDERY commented it would take teamwork to make this
work.
SENATOR FRED DYSON asked what this would do to the balance of
power between the legislative and executive branches.
MS. NIELSEN replied she has read no published articles on that
particular aspect of the change.
SENATOR GUESS added there is no research in the area. She opined
it would tip the balance.
SENATOR COWDERY asked what the benefit would be other than in the
people's eyes.
SENATOR GUESS replied the ultimate advantage is when people
believe their government is working better and more efficiently.
There certainly would be a cost savings and citizen legislators
are certainly preferable.
SENATOR COWDERY asked if the existing staff could handle a
shorter session.
SENATOR GUESS said everyone would have a different opinion on
that, but it's likely everyone would have to do more preparation
before arriving in Juneau.
She added this is an idea that will take thought.
SENATOR HOFFMAN stated it is his belief that a shorter session
would result in more special sessions, which would cause more
disruption.
CHAIR GARY STEVENS said he couldn't imagine working any harder
than he is currently. He isn't in favor of the legislation and
believes the public would suffer.
SENATOR COWDERY stated he agrees with the concept, but the bill
needs more work.
SENATOR DYSON made a motion to move SJR 6 from committee with
individual recommendations.
SENATOR COWDERY objected.
CHAIR GARY STEVENS asked for a roll call vote. Senators Hoffman,
Dyson and Guess voted yea and Senator Cowdery and Chair Gary
Stevens voted nay.
SJR 6 moved from committee.
SB 183-MUNICIPAL ECON. DEVELOPMENT/TAXATION
SENATOR RALPH SEEKINS, bill sponsor, paraphrased from the sponsor
statement.
Current state law places a limitation on second-class
boroughs with respect to expending funds designated for
economic development purposes.
Presently, second-class boroughs may only use these
funds on a non-areawide basis. This means the Fairbanks
North Star Borough can only deploy these funds on
projects located outside the city limits of Fairbanks
and North Pole.
It is desirable for the borough to have the ability to
utilize economic development funds on an areawide
basis. In this way, worthy projects can be funded
irrespective of their location-within, or without,
municipal boundaries-so long as the project remains
within the greater borough boundary. Such projects will
benefit the entire borough community while physical
location, whether within city boundaries or not, is
considered immaterial to this greater good.
This legislation is proposed at the request of the
Fairbanks North Star Borough as well as the Cities of
Fairbanks and North Pole. In summary, it will
facilitate the development of economically attractive
projects throughout the entire Fairbanks North Star
Borough without regard to internal municipal
boundaries.
SENATOR JOHN COWDERY asked why there is a prohibition.
SENATOR SEEKINS didn't know, but the borough is trying to work
around the current statute and work with the two cities.
SENATOR COWDERY asked if other states prohibit this.
SENATOR SEEKINS wasn't aware of any, but most states have
counties.
CHAIR GARY STEVENS explained the foundation of the idea is to
avoid duplication of powers.
SENATOR COWDERY asked if the borough had particular projects in
mind.
SENATOR SEEKINS said no; the borough has had trouble developing a
comprehensive economic development plan because of the
impediments imposed by the boundaries.
CHAIR GARY STEVENS stated he has letters of support from both the
city council and mayor of the City of Fairbanks and the mayor of
the City of North Pole. This addresses his initial concern
regarding whether the two cities were in agreement on the issue.
He asked for a motion to adopt the committee substitute (CS).
SENATOR COWDERY made a motion to adopt CSSB 183 \Q version for
discussion purposes. There was no objection.
CHAIR GARY STEVENS asked if reference to population was still in
the bill.
SENATOR SEEKINS replied it was not and he wasn't sure what the
difficulty had been.
CHAIR GARY STEVENS noted the current version would affect every
borough and every city in the state, not just Fairbanks.
SENATOR SEEKINS said their intent was to give the three
communities in the Fairbanks North Star Borough the ability to
work together.
CHAIR GARY STEVENS asked Mr. Bockhorst whether he read the
current CS to include all the boroughs in the state or to apply
to Fairbanks alone.
DAN BOCKHORST, Local Boundary Commission, advised he didn't have
a copy of the version the committee was considering. The version
he was reading considered the 80,000-population limit that would
affect only the Fairbanks North Star Borough.
SENATOR SEEKINS explained the \Q version applies only to a
borough that has entered into an agreement with a city located
within the borough. It doesn't impede others; it simply allows
those cities and boroughs that have an agreement to cooperate to
do so. This makes it unnecessary to put a population base on to
protect smaller boroughs or cities.
CHAIR GARY STEVENS said that means other boroughs could make use
of this if they made a cooperative agreement with cities within
the borough boundaries.
SENATOR SEEKINS agreed.
SENATOR GRETCHEN GUESS asked whether the Kenai Borough could
enter into an agreement with Soldotna and use the funds in
Soldotna without other cities within the borough having any input
with regard to the use of the funds.
SENATOR SEEKINS said he thought they could.
DAVID LEONE, special assistant to the North Star Borough mayor,
testified via teleconference in support of the CS \Q version.
SENATOR FRED DYSON made a motion to move CSSB 183(STA) and
attached fiscal note from committee with individual
recommendations. There being no objection, it was so ordered.
SB 211-REGULATIONS: NOTICE AND DISTRIBUTION
CRAIG TILLERY, with the Department of Law, testified via
teleconference. He explained the bill relates to making notices
for proposed regulations more readable. It is designed to improve
public notice for changes to regulation and to reduce cost
through elimination of unnecessary action, the use of the
Internet and shortening notice periods. The full sectional
analysis found in the bill file addresses four basic changes:
· Changes the requirements in the Administrative Procedure
Act for publishing notice
· Makes notice distribution consistent across agencies
· Newspaper notices may be omitted for certain specialized
subject areas in which Internet notification would be
better suited
· Changes the requirements for distribution of the
Administrative Code to local government units
CHAIR GARY STEVENS noted the savings aren't reflected in the
fiscal note.
MR. TILLERY said there is a revised fiscal note indicating a
$258,000 savings and it's possible it wasn't sent to the
committee.
CHAIR GARY STEVENS confirmed they hadn't received the revised
note.
SENATOR LYMAN HOFFMAN pointed out that one copy of the AAC should
be made available at no charge to cities that request one. The
state would still realize a savings if copies weren't
automatically sent to all communities.
TAPE 03-29, SIDE A
5:05 pm
MR. TILLERY replied there are three ways to get copies. A
community could go online and print a copy if Internet access
were available, or a copy could be sent electronically, or a
paper copy could be sent to the community. By making communities
pay for copies they hope to give them the incentive to use the
most efficient alternative.
SENATOR HOFFMAN said that wasn't his question.
MR. TILLERY replied he understood the question to ask why
communities should pay.
SENATOR HOFFMAN restated his question and asked why not mail one
free copy to communities that request one and eliminate the cost
associated with automatic mailings to all communities.
Additionally, he disagreed with charging for an electronic
mailing. Charging communities for a copy of the code is promoting
a lack of information and is not a desirable public policy
direction.
MR. TILLERY replied this approach represents a savings to the
state.
SENATOR HOFFMAN said he represents some 70 communities and this
policy change would be a drastic mistake.
ROBERT PIERSON, Administrative Code coordinator in the Lieutenant
Governor's Office, said they are working toward efficient online
communication. He said it's the quarterly supplements that are
sent to communities that they believe are frequently discarded,
which is a waste of state funds. To date they have received no
negative comments regarding the change, but they don't know how
many of the clerks have read their email outlining the change.
The Administrative Code is currently online, but "it's not quite
perfected yet." They would like to make improvements "so that it
would be not necessarily official, but useful for 99 percent of
any kind of consultation you would normally take on a day to day
basis with the Administrative Code." When legal questions arise,
a city clerk would consult a city attorney. They are continuing
to offer the paper copies because there are a few places that
don't have Internet access.
The contract for publishing the Administrative Code will expire
at the end of 2003 and under current language the state would be
required to buy about 170 paper copies of the quarterly
supplements whether they extend the current contract or request
proposals for a new one. They would like the increased
flexibility to have a mix of options to negotiate with the
current publisher and for future contracts.
SENATOR HOFFMAN said if they were really trying to increase
accessibility he couldn't understand why there would be a charge
for electronic copies. The proposed system would offer no
incentive for moving away from a paper copy if the city was
forced to pay for an electronic copy as well.
CHAIR GARY STEVENS asked for verification that the electronic
copy would be available on a CD ROM and not via email.
MR. PIERSON said that was the case. The current cost for the four
quarterly supplements is $596 per year and he didn't know whether
that would burden small communities or not.
CHAIR GARY STEVENS asked what the price would be for a CD ROM.
MR. PIERSON said that would be negotiated with the publishers.
Currently there is a CD ROM available that has both the
Administrative Code and the statutes. He pointed out that cities
are now paying for copies of the statutes and he looks upon it as
an historical accident that the state is still paying for code
books.
SENATOR HOFFMAN pointed out it isn't necessary to put the
information on a CD ROM. It could and should be freely available
on the Internet.
MARK DAVIS, Director of Banking Securities and Corporations,
testified the bill would impact his division by allowing for
notices regarding proposed regulations to be made in a simplified
manner. This is consistent in the trend in administrative law,
which reduces publication costs and uses simplified notification
methods to reach individuals that are interested in commenting on
proposed regulations.
The proposed change in procedure would probably save the division
$7,800 a year and is already being used by the federal government
and some states. Section 26 with regard to securities, and
section 1 with respect to the revised Trust Act would be of
particular impact to his division.
RANDY REUDRICH from the Alaska Oil and Gas Conservation
Commission testified via teleconference to advise that the bill
would save the commission $20,000 a year in publishing costs.
Members of the industry exclusively attend the commission
meetings and he does not believe that the public notices increase
attendance.
SENATOR GRETCHEN GUESS asked Mr. Reudrich to clarify that the
commission meetings weren't held exclusively for industry and
that they weren't prohibitive of others attending.
MR. REUDRICH replied the industry, the media, and other
interested parties who might attend have all given positive
feedback regarding short term updates available electronically.
LINDA HALL, director of the Division of Insurance, testified that
newspaper publications for public notices have been unsuccessful
for the division. She said most of the regulations they
promulgate are technical in nature and directed at those they
regulate. The division currently regulates 12,000 registered
insurance companies and just 11 are domiciled in Alaska; they
have 2,500 resident licensees and over 12,000 non-resident
licensees. This translates to only 16 percent of the licensed
agents and one percent of the insurance companies actually having
ready access to newspaper publications. She observed the act
doesn't prohibit the division from delivering publications when
the matter is in the public interest.
Last year the Division of Insurance spent $9,700 for newspaper
advertising and they estimate this change would save them $7,300.
They would continue to do targeted mailings because they are an
effective way to get information out about upcoming hearings.
Although she hasn't been in the director position very long, she
has attended almost every Division of Insurance hearing in the
last ten years and can attest that they aren't widely attended by
the public, which means the money spent on newspaper publications
have not been effective.
CHAIR GARY STEVENS announced he would hold SB 211 in committee.
There being no further business to come before the committee,
Chair Gary Stevens adjourned the meeting at 5:25 pm.
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