Legislature(2009 - 2010)BELTZ 105 (TSBldg)
02/18/2010 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB260 | |
| SB261 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 260 | TELECONFERENCED | |
| *+ | SB 261 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 18, 2010
9:01 a.m.
MEMBERS PRESENT
Senator Linda Menard, Chair
Senator Kevin Meyer, Vice Chair
Senator Hollis French
MEMBERS ABSENT
Senator Albert Kookesh
Senator Joe Paskvan
COMMITTEE CALENDAR
SENATE BILL NO. 260
"An Act relating to electronic voting procedures for electric
and telephone cooperatives; and providing for an effective
date."
- MOVED SB 260 OUT OF COMMITTEE
SENATE BILL NO. 261
"An Act relating to the membership of the Alcoholic Beverage
Control Board; and providing for an effective date."
- MOVED SB 261 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 260
SHORT TITLE: ELECTRIC & TELEPHONE COOPERATIVES' VOTING
SPONSOR(s): STATE AFFAIRS
02/05/10 (S) READ THE FIRST TIME - REFERRALS
02/05/10 (S) STA, JUD
02/18/10 (S) STA AT 9:00 AM BELTZ 105 (TSBldg)
BILL: SB 261
SHORT TITLE: ALCOHOLIC BEVERAGE CONTROL BD MEMBERS
SPONSOR(s): OLSON
02/05/10 (S) READ THE FIRST TIME - REFERRALS
02/05/10 (S) STA, L&C
02/18/10 (S) STA AT 9:00 AM BELTZ 105 (TSBldg)
WITNESS REGISTER
PHIL STEYER, Director of Government Relations and Corporate
Communications
Chugach Electric Association
Anchorage, AK
POSITION STATEMENT: Supported SB 260.
RICHARD GAZAWAY, Advisory Section Manager
Department of Commerce, Community & Economic Development (DCCED)
Anchorage, AK
POSITION STATEMENT: Provided information for SB 260.
GREG BERBERICH, CEO
Matanuska Telephone Association (MTA)
Matanuska, AK
POSITION STATEMENT: Supported SB 260.
TIM BENINTENDI
Aide to Senator Olson
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 261.
DALE FOX, President and CEO
Alaska Cabaret, Hotel, Restaurant and Retailers Association
(CHARR)
Anchorage, AK
POSITION STATEMENT: Provided information on SB 261, but advised
holding the bill for input from industry members.
ROBERT FROEHLE, Superintendant
Regional Wellness Forum (RWF)
Nome, AK
POSITION STATEMENT: Supported SB 261.
BIRDIE TRAINOR, Director
Coed Wellness Program and Suicide Prevention Program
POSITION STATEMENT: Testified on behalf of Berda Willson, Chair,
Regional Wellness Forum (RFW), in support of SB 261.
ACTION NARRATIVE
9:01:16 AM
CHAIR LINDA MENARD called the Senate State Affairs Standing
Committee meeting to order at 9:01 a.m. Present at the call to
order were Senators French, Meyer and Menard.
SB 260-ELECTRIC & TELEPHONE COOPERATIVES' VOTING
9:01:52 AM
CHAIR MENARD announced that the first order of business to come
before the committee was SB 260. She turned the gavel over to
Vice-Chair Meyer.
SENATOR MENARD, sponsor of SB 260, said SB 260 gives telephone
and electric cooperatives the option of allowing members to vote
by electronic transmission. Currently, co-op members may only
vote in person or by mail. These methods are outdated and could
be having a negative impact on member participation in
elections. She noted that the fiscal note for SB 260 is zero.
The Matanuska Telephone Association (MTA) members have already
voted to adopt a new bylaw allowing electronic transmission
voting. MTA, and other co-ops, now need the Legislature to amend
the statutes to allow electronic transmission voting.
9:04:40 AM
PHIL STEYER, Director of Government Relations and Corporate
Communications, Chugach Electric Association, said Chugach
Electric is an Anchorage-based, member-owned cooperative
providing electric service and is strongly supportive of SB 260.
He stated that electronic transmission voting would be optional,
not mandatory, and co-op members would also need to amend their
bylaws to enact it. Chugach has already amended its own bylaws
to enable electronic transmission voting if state statute is
changed.
SENATOR FRENCH asked if co-ops are going to electronic voting.
MR. STEYER replied that co-ops in the Lower 48 are going to
electronic voting. He said Chugach Electric has spoken with some
firms who provide this service elsewhere about providing
electronic voting in Alaska.
SENATOR FRENCH asked if SB 260 has had any opposition.
MR. STEYER replied no, not that he knows of. He said a lot of
work has been done to put the idea of electronic voting out
there and take input from different cooperatives during the
resolutions process in the Alaska Power Association. Any issues
have been resolved to get to SB 260 today. He explained that the
real key for co-ops is that electronic voting is optional and
would only be taken up by co-ops whose members vote to amend
their bylaws.
9:08:05 AM
SENATOR FRENCH asked if the implementation of electronic voting
would cost the coops money or save them money.
MR. STEYER replied that, for Chugach Electric, he believes the
costs would increase initially but would decrease later on.
Setting up and processing electronic voting would cost money
initially. He explained that members would still be mailed a
ballot packet, with the option for electronic voting included,
for at least the first few years. Eventually, the system could
change so that members who prefer to vote electronically would
notify the co-op and not be sent a packet. Money will be saved
in the long-term.
VICE-CHAIR MEYER asked if a paper trail will be available should
the validity of the electronic voting be challenged.
MR. STEYER replied that the method used to implement electronic
voting would determine if a paper trail would be kept; Chugach
Electric has not decided on the method. He said Chugach, or any
co-op, should not engage in electronic voting unless an election
would be fair, secure and able to withstand any challenge.
SENATOR MENARD said different companies that set up electronic
voting would have securities in place.
9:12:05 AM
SENATOR MEYER noted that other states use electronic voting with
success.
RICHARD GAZAWAY, Advisory Section Manager, Department of
Commerce, Community & Economic Development (DCCED), said he
prepared the fiscal note and is available for questions.
GREG BERBERICH, CEO, Matanuska Telephone Association (MTA), said
MTA is a member-owned cooperative providing local, long-
distance, wireless broadband internet and DTV services. He
stated his support for SB 260 and said the Internet has changed
communication and business. In 2007, MTA members overwhelmingly
voted to adopt a change in its bylaws to allow electronic
voting. He said electronic voting will be faster and more
efficient, save printing costs, make counting more efficient and
reduce wasted paper.
9:15:08 AM
He noted that MTA's bylaw includes provisions that if electronic
voting is conducted, members will have three options to vote:
electronically, in person or by mail upon request.
SENATOR MEYER asked if MTA has an auditor during elections to
verify that someone is not voting in person, on paper and
electronically.
MR. BERBERICH replied yes and said that an independent firm
conducts the elections.
9:16:15 AM
VICE-CHAIR MEYER closed public testimony.
SENATOR FRENCH moved to report SB 260 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
9:17:05 AM
VICE-CHAIR MEYER announced an at ease from 9:17 a.m. to 9:18
a.m.
SB 261-ALCOHOLIC BEVERAGE CONTROL BD MEMBERS
9:18:40 AM
CHAIR MENARD said the next item to come before the committee was
SB 261.
TIM BENINTENDI, aide to Senator Olson, said SB 261 responds to
the array of alcohol related problems unique to small
communities in rural Alaska. Wellness services cannot keep up
with the adverse impact of alcohol related problems. The profile
of these problems needs to be raised. The state's Alcoholic
Beverage Control Board (ABC) is comprised of five members, two
of whom must be actively engaged in the alcoholic beverage
industry and three of whom represent the general public. SB 261
would require one of the three general public positions to be
filled by a resident of a rural area. SB 261 defines "rural
area" as a community with a population of 4500 or less that is
not connected by road or rail to Anchorage or Fairbanks. A
defined rural board member could affect policy discussion and
ABC Board decisions in a positive way.
SENATOR MEYER asked for examples of communities that would
qualify.
MR. BENINTENDI listed several communities that would qualify:
Dillingham, Unalaska, any community in the Lincoln Peninsula
Borough, Nome and Kotzebue. He noted he is referring to cities
or communities as opposed to census areas. He stated that SB 261
would not take effect until the next available public member
seat turns over.
9:22:49 AM
SENATOR MEYER noted some areas under 4500 are dry communities
and asked if someone from a dry community should be on the ABC
Board.
MR. BENINTENDI replied yes, an applicant from a dry community
would be valid. He explained that while dry communities are
officially dry, they still have alcohol related problems and
rural representation on the ABC Board could bring attention to
these problems and some specific focus into the forum.
SENATOR FRENCH said he questioned how to define a rural area. He
asked if our statutes define "community" and how big of an area
a community is.
MR. BENINTENDI replied that he originally looked at a definition
of a small community as 5500 people. He said communities of that
size have more resources; SB 261 is aiming at smaller
communities and their issues.
SENATOR FRENCH asked if Auke Bay or Douglas, in the Juneau
region, are smaller communities.
MR. BENINTENDI replied that Auke Bay and Douglas are within the
Juneau City and Borough and would not be eligible.
SENATOR FRENCH said someone from the greater Juneau area, for
example, should not be the rural representative. He said he
supports the idea of SB 261 but is concerned that "community"
could be interpreted as a subset of a city or a borough.
9:26:08 AM
CHAIR MENARD asked about Southeast communities that would be
eligible.
MR. BENINTENDI replied he thought any community outside of a
borough in Southeast would qualify. He noted that Ketchikan and
Sitka would be too big but Skagway and Angoon would be eligible.
DALE FOX, President and CEO, Alaska Cabaret, Hotel, Restaurant
and Retailers Association (CHARR), noted only ten days had
passed since SB 261 was posted online and CHARR'S Government
Affairs Committee has not had a chance to review it. CHARR
members have expressed, through initial emails, that they don't
think a problem exists and that governors have done a great job
of balancing boards. He said the five current ABC members are
from Anchorage, Fairbanks, Juneau and Cordova. Belen Cook, from
Cordova, would fit the definition of rural community
representative according to SB 261. He noted that Ms. Cook is
Chair of the annual Sobriety Celebration in Cordova and is very
concerned about alcohol issues. He asked the committee not to
pass SB 261 out until the industry has an opportunity to review
and discuss it.
9:29:14 AM
CHAIR MENARD said SB 261 goes to Labor and Commerce next which
would allow ample opportunity for CHARR to weigh in.
ROBERT FROEHLE, Superintendant, Nome Youth Facility and member,
Regional Wellness Forum (RWF), said the RWF is in strong support
of SB 261. He said he appreciates that the ABC Board currently
has a member from Cordova and would like to ensure that small
communities continue to get representation. He said he sees the
effects of alcohol on daily basis on the community's kids and
families.
BIRDIE TRAINOR, Director, Coed Wellness Program and Suicide
Prevention Program, testified on behalf of Berda Willson, Chair
of the Regional Wellness Forum (RFW). Ms. Trainer read a written
statement from Ms. Willson. Ms. Willson wrote that she has seen
the ravages that alcohol and substance abuse are inflicting on
her people. She wrote that the RWF supports the Safety Patrol,
made up of about 150 volunteers, which patrols during the PFD,
New Year's Eve and the Iditarod to keep residents and visitors
safe and to reduce suicides, missing persons and death by
accident or freezing when people are intoxicated.
9:33:17 AM
She wrote that the RWF's next meeting will be held at the Anvil
Mountain Correctional Center where inmates will talk about how
RWF can help them prevent repeating their mistakes.
Anecdotally, 90 percent of the prisoners would not be
incarcerated if alcohol abuse were not a factor. She wrote that
rural communities need a voice on the ABC Board from someone who
understands rural problems like suicide, child abuse, domestic
violence, accidental death and alcohol abuse. She noted that
while most villages are dry, alcohol is sold or bootlegged. Her
written statement concluded that the RWF is not against alcohol
consumption and appreciates the ABC Board's help in ensuring
that liquor establishments conform to state law.
9:34:48 AM
CHAIR MENARD closed public testimony.
SENATOR MEYER asked if anyone from the ABC Board was present.
CHAIR MENARD replied no.
SENATOR MEYER said that the sponsor of SB 261 wants to ensure
that rural representation on the ABC Board continues, which he
feels is a good idea.
SENATOR FRENCH concurred. He said he has some concern with the
definition of "community" but noted that a subsequent committee
can grapple with it to make sure the intention of SB 261 is
fulfilled.
CHAIR MENARD reported that Senator Kookesh joined the meeting.
9:36:59 AM
SENATOR FRENCH moved to report SB 261 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
9:37:24 AM
CHAIR MENARD, seeing no further business before the committee
adjourned the meeting at 9:37 a.m.
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