03/08/2011 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB36 | |
| SCR1 | |
| SB7 | |
| HB28 | |
| HB98 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 36 | TELECONFERENCED | |
| += | SCR 1 | TELECONFERENCED | |
| += | SB 7 | TELECONFERENCED | |
| + | HB 28 | TELECONFERENCED | |
| + | HB 98 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 8, 2011
9:02 a.m.
MEMBERS PRESENT
Senator Bill Wielechowski, Chair
Senator Joe Paskvan, Vice Chair
Senator Albert Kookesh
Senator Kevin Meyer
Senator Catherine Giessel
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 36
"An Act relating to an opt-out charitable giving program offered
by an electric or telephone cooperative."
- MOVED CSSB 36(STA) OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 1
Designating May 2011 as Lupus Awareness Month.
- MOVED CSSCR 1(STA) OUT OF COMMITTEE
SENATE BILL NO. 7
"An Act relating to the civil rights of felons."
- MOVED SB 7 OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 28(FIN)
"An Act relating to temporary courtesy licenses for certain
nonresident professionals and to a temporary exemption from fees
and other licensing requirements for active duty members of the
armed forces."
- HEARD AND HELD
HOUSE BILL NO. 98
"An Act relating to display, folding, presentment, and
retirement of the state flag."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 36
SHORT TITLE: OPT-OUT CHARITABLE GIVING PROGRAM
SPONSOR(s): SENATOR(s) THOMAS
01/19/11 (S) PREFILE RELEASED 1/14/11
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) STA, JUD
03/01/11 (S) STA AT 9:00 AM BUTROVICH 205
03/01/11 (S) Heard & Held
03/01/11 (S) MINUTE(STA)
03/08/11 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SCR 1
SHORT TITLE: LUPUS AWARENESS MONTH
SPONSOR(s): SENATOR(s) DAVIS
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) STA, HSS
03/01/11 (S) STA AT 9:00 AM BUTROVICH 205
03/01/11 (S) Heard & Held
03/01/11 (S) MINUTE(STA)
03/08/11 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 7
SHORT TITLE: FELONS' RIGHT TO VOTE OR BE JURORS
SPONSOR(s): SENATOR(s) DAVIS
01/19/11 (S) PREFILE RELEASED 1/7/11
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) STA, JUD
02/03/11 (S) STA AT 9:00 AM BUTROVICH 205
02/03/11 (S) Heard & Held
02/03/11 (S) MINUTE(STA)
03/08/11 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HB 28
SHORT TITLE: TEMP LICENSE/FEE WAIVER FOR PROFESSIONALS
SPONSOR(s): REPRESENTATIVE(s) THOMAS, HERRON, FEIGE
01/18/11 (H) PREFILE RELEASED 1/7/11
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) L&C, FIN
02/07/11 (H) L&C AT 3:15 PM BARNES 124
02/07/11 (H) Moved CSHB 28(L&C) Out of Committee
02/07/11 (H) MINUTE(L&C)
02/09/11 (H) L&C RPT CS(L&C) NT 7DP
02/09/11 (H) DP: THOMPSON, SADDLER, JOHNSON, HOLMES,
MILLER, SEATON, OLSON
02/16/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/16/11 (H) Moved CSHB 28(FIN) Out of Committee
02/16/11 (H) MINUTE(FIN)
02/18/11 (H) FIN RPT CS(FIN) NT 11DP
02/18/11 (H) DP: FAIRCLOUGH, GARA, T.WILSON,
GUTTENBERG, JOULE, NEUMAN, COSTELLO,
EDGMON,
02/18/11 (H) DOOGAN, STOLTZE, THOMAS
02/23/11 (H) TRANSMITTED TO (S)
02/23/11 (H) VERSION: CSHB 28(FIN)
02/24/11 (S) READ THE FIRST TIME - REFERRALS
02/24/11 (S) STA, L&C
03/08/11 (S) STA AT 9:00 AM BUTROVICH 205
BILL: HB 98
SHORT TITLE: HANDLING OF STATE FLAG
SPONSOR(s): REPRESENTATIVE(s) JOHNSON
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) STA
02/17/11 (H) STA AT 8:00 AM CAPITOL 106
02/17/11 (H) Moved Out of Committee
02/17/11 (H) MINUTE(STA)
02/18/11 (H) STA RPT 5DP
02/18/11 (H) DP: JOHANSEN, KELLER, SEATON, PETERSEN,
LYNN
02/25/11 (H) TRANSMITTED TO (S)
02/25/11 (H) VERSION: HB 98
02/28/11 (S) READ THE FIRST TIME - REFERRALS
02/28/11 (S) STA
03/08/11 (S) STA AT 9:00 AM BUTROVICH 205
02/16/11 (H) Moved CSHB 28(FIN) Out of Committee
02/16/11 (H) MINUTE(FIN)
02/18/11 (H) FIN RPT CS(FIN) NT 11DP
02/18/11 (H) DP: FAIRCLOUGH, GARA, T.WILSON,
GUTTENBERG, JOULE, NEUMAN, COSTELLO,
EDGMON,
02/18/11 (H) DOOGAN, STOLTZE, THOMAS
02/23/11 (H) TRANSMITTED TO (S)
02/23/11 (H) VERSION: CSHB 28(FIN)
02/24/11 (S) READ THE FIRST TIME - REFERRALS
02/24/11 (S) STA, L&C
03/08/11 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
GRIER HOPKINS, Staff to Senator Joe Thomas
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented CSSB 36 for sponsor.
ED SNIFFEN
Assistant Attorney General
Consumer Protection and Antitrust Enforcement
Civil Division
Department of Law
Anchorage, AK
POSITION STATEMENT: Answered questions regarding CSSB 36(STA),
version B.
JOE GALLAGHER
Homer Electric Association
Homer, AK
POSITION STATEMENT: Testified in support of CSSB 36(STA),
version B.
SENATOR BETTYE DAVIS
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SCR 1.
SARAH CHAMBERS
Division of Corporations and Professional Licensing
Department of Commerce and Economic Development
Juneau, AK
POSITION STATEMENT: Answered questions regarding HB 28.
KACI SCHROEDER, Staff to Representative Bill Thomas
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented HB 28 for Representative Bill
Thomas, sponsor.
MARK SANSOUCI
Department of Defense
Liaison for Military Families
Seattle, AK
POSITION STATEMENT: Testified in support of HB 28.
JEANNE OSTNES, Staff to Representative Craig Johnson
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented HB 98 for Representative Craig
Johnson, sponsor.
BIANCA ARMSTRONG, Junior Reserve Officer Training Corps
Diamond High School
Anchorage, AK
POSITION STATEMENT: Testified in support of HB 98.
ROBERT HOWSER, JROTC Battalion Commander
Diamond High School
Anchorage, AK
POSITION STATEMENT: Testified in support of HB 98.
ACTION NARRATIVE
9:01:44 AM
CHAIR BILL WIELECHOWSKI called the Senate State Affairs Standing
Committee meeting to order at 9:02 a.m. Present at the call to
order were Senators Giessel, Meyer, Paskvan and Chair
Wielechowski.
SB 36-OPT-OUT CHARITABLE GIVING PROGRAM
9:02:05 AM
CHAIR WIELECHOWSKI announced the first order of business would
be SB 36.
SENATOR PASKVAN moved to adopt CS for SB 36( ), labeled 27-
LS0342\B, as the working document.
CHAIR WIELECHOWSKI objected for discussion purposes.
GRIER HOPKINS, staff to Senator Joe Thomas, sponsor of SB 36,
said the changes in version B add a sentence to the title, which
now includes the provision allowing an electric cooperative to
assist persons in acquiring and installing weatherization and
energy efficiency products and services. This change occurs in
section 2, page 2, and line 29.
9:04:23 AM
SENATOR KOOKESH joined the meeting.
Currently, utilities can only provide financing programs for
electrical appliances and plumbing upgrades. Homer Electric
Association runs a line of credit program for its members, and a
number of them have asked for help with energy efficiency and
weatherization programs. On page 4, lines 13 - 17, the CS
defines "charitable program" for purposes of the bill.
SENATOR KOOKESH asked how it works if a customer asks for a full
three-year refund.
MR. HOPKINS answered that the cooperatives are required to keep
a reserve fund for this purpose. The donation is a maximum of 99
cents per bill or $36 per customer over a three year period.
CHAIR WIELECHOWSKI asked Mr. Sniffen to define "charitable
purpose."
ED SNIFFEN, Assistant Attorney General, Consumer Protection and
Antitrust Enforcement, Civil Division, Department of Law (DOL),
Anchorage, said there were some questions regarding the
definition of "charitable purpose," and limiting language was
discussed at the last meeting. The CS language tracks the
language currently in the bill under section 01.013 to allow
donations to a charitable, scientific, or educational purpose,
but specifically restricts the use of money for any pecuniary
profit or for a labor organization. A charitable purpose is
further defined as relief of poverty, distress, or any other
condition of concern to the state.
9:10:19 AM
JOE GALLAGHER, Homer Electric Association, spoke in support of
CSSB 36( ), version B. He said the bill would allow the
association to assist people in installing weatherization and
energy efficiency products and services. The association already
has a financing program for appliances, which has worked very
well. Members would like to add weatherization and energy
efficiency products. Because of restrictions in the current law,
the association is unable to do this. The goal of the CS is to
add language that allows them to help finance energy efficiency
projects.
9:11:11 AM
CHAIR WIELECHOWSKI closed public testimony, and removed his
objection.
SENATOR PASKVAN moved to report CS for SB 36( ), version B, from
committee with individual recommendations and accompanying
fiscal notes.
CHAIR WIELECHOWSKI announced that without objection, CSSB
36(STA) passed from the Senate State Affairs Standing Committee.
SCR 1-LUPUS AWARENESS MONTH
9:12:21 AM
CHAIR WIELECHOWSKI announced consideration of SCR 1 [version B
was before the committee].
SENATOR BETTYE DAVIS, sponsor of SCR 1, offered to answer
question.
CHAIR WIELECHOWSKI noted there was a zero fiscal note.
SENATOR PASKVAN moved to report CS for SCR 1, version B, from
committee with individual recommendations and accompanying
fiscal notes.
CHAIR WIELECHOWSKI announced that without objection, CSSCR
1(STA) passed from the Senate State Affairs Standing Committee.
SB 7-FELONS' RIGHT TO VOTE OR BE JURORS
9:14:03 AM
CHAIR WIELECHOWSKI announced the next order of business would be
SB 7, which would give convicted felons the right to vote or be
jurors immediately upon their release from incarceration. He
noted many states have recently revised their laws in this area.
It is a complex issue in Alaska because our state constitution
specifically provides that:
No person may vote who has been convicted of a felony
involving moral turpitude unless his civil rights have
been restored." This phrase is not defined and has not
been interpreted by our state courts, and its meaning
is a matter of speculation.
SENATOR BETTYE DAVIS, sponsor of SB 7, said the bill is needed.
SENATOR PASKVAN moved to report SB 7 from committee with
individual recommendations and accompanying fiscal notes.
SENATOR GIESSEL objected and said she has heard concerns from
her constituents who are crime victims that felons on probation
and parole are still under sentence, and it would be
inappropriate to give them some kind of special exemption from
fulfilling that sentence. Their victims did not choose to be
victims.
She noted a recent article in the Seattle Times that discusses
granting special privileges to ex-convicts. The author provides
interim housing for felons, and talks at length about how this
is a very tricky business. These people have committed serious
crimes, and they are not victimless crimes. People on probation
and parole are still under sentence. Allowing them to vote is
the wrong direction; instead, we should help them serve their
parole and probation to regain their rights and credibility.
9:20:12 AM
CHAIR WIELECHOWSKI agreed it is a delicate issue. But, he noted,
the recidivism rate appears to drop when people are allowed to
vote. If the state can cut that rate by even 2 percent, it will
save money and prevent future victims. He also said the bill has
a referral to the Judiciary committee.
SENATOR KOOKESH said giving ex-felons the right to vote does not
absolve them of their crimes; it just gets them a step closer to
being part of society. He stated the Native community has the
highest number of incarcerated people in the state. Forcing
people on probation to stay in urban centers is part of the
recidivism problem. Whatever can be done to return them to
society is what we should do. Recidivism would drop. This would
be a good step. Perhaps we should give felons the right to vote
when their probationary period is done. He said he wants to move
the bill on for further discussion.
9:23:56 AM
SENATOR GIESSEL said that felons already regain the right to
vote after their probation is completed.
SENATOR GIESSEL removed her objection.
SENATOR PASKVAN moved to report SB 7 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, it was so ordered.
HB 28-TEMP LICENSE/FEE WAIVER FOR PROFESSIONALS
CHAIR WIELECHOWSKI announced the next order of business would be
HB 28. [CSHB 28(FIN) was before the committee.]
9:28:26 AM
KACI SCHROEDER, staff to Representative Bill Thomas, sponsor of
HB 28, said the bill would allow a military spouse to obtain a
temporary license to practice their profession while they are in
the state. Military spouses are some of the most transient
populations in the country, and being able to maintain
employment is extremely important to military spouses and
families. She noted that teachers and attorneys are not covered
in the bill. Teachers in Alaska are not regulated by the
Department of Commerce (DCCED); they are regulated by the
Department of Education, which has already addressed this issue.
Attorneys also have their own regulatory system, and they can
come to the state and practice on a temporary basis before
taking the bar exam.
CHAIR WIELECHOWSKI asked if doctors are covered.
MS. SCHROEDER answered yes.
SENATOR GIESSEL noted that if a nurse is licensed in the state
of Maryland and put on active duty at Elmendorf, the federal
government covers that by maintaining that person's license.
They are not licensed in Alaska or under jurisdiction of the
Board of Nursing in Alaska.
MS. SCHROEDER replied the intent of the bill is that if a person
licensed in Alaska is called to active duty for some reason,
they are not at risk of losing their Alaska license while
serving on active duty anywhere in the world. They are not
required to pay licensing fees or keep up with continuing
education while they out of state on active duty.
9:31:46 AM
SENATOR KOOKESH asked for clarification that the section refers
only to Alaska residents.
MS. SCHROEDER answered yes.
SENATOR GIESSEL asked what is the intent of the language on page
2, referring to 180 days after active duty ends.
MS. SCHROEDER replied they wanted an exemption but they don't
want a person who has been gone to drop back in without any
licensing requirements. This gives them six months to get back
to speed without practicing; then they can complete requirements
and return to practicing their profession.
9:33:44 AM
SENATOR GIESSEL asked how this would be enforced.
MS. SCHROEDER answered DCCED could speak to enforcement.
9:34:50 AM
SARAH CHAMBERS, Program Coordinator, Professional Licensing,
Division of Corporations, Department of Commerce, Community and
Economic Development (DCCED), said part of their task will be to
develop mechanisms to make sure these things are done. She said
that DCCED has an investigations wing and administrative
relationships with the military and other agencies to gather
information. They feel confident they can protect the public.
SENATOR KOOKESH mentioned fees and other requirements, and asked
if this applies to 180 days after leaving active duty.
MS. CHAMBERS stated that was correct.
SENATOR GIESSEL said having had the honor to serve on a
regulatory board she understands the complexities involved; the
board has a responsibility to insure that ineligible people are
not practicing and that they are bringing themselves up to speed
with whatever they may have missed. She also wondered about the
cost to the regulatory board should there be a violation.
9:38:09 AM
MS. CHAMBERS responded the division regulates 40 different
licenses. Sometimes a person on active duty will be engaged in
their profession, while some may not. This is not really a one-
size-fits-all program, and will not be enacted that way. It will
be the task of DCCED to work through the needed processes.
Regarding a fiscal note, the division director believes they
will work to be proactive rather than reactive. The division
feels the risk will be minimal, and they should be able to
absorb any costs through current fees and receipts.
SENATOR KOOKESH stated that many people returning from the
military have a lot of emotional problems. They need the six
months afterwards to get back on their feet. This bill gives
them time to adjust.
MS. CHAMBERS answered that is correct. Six months was chosen
because it does take time to disengage from active duty and
return to society.
SENATOR MEYER said the bill is interesting and worthwhile. If
the division says there are no additional costs, he will trust
that opinion. He asked how many people will be affected, and if
other states have done this.
MS. SCHROEDER replied it is difficult to track that kind of
data, but they estimate there are 8,000 military spouses in the
state, with maybe 1,000 who require licensing.
9:43:38 AM
SENATOR MEYER asked about other states.
MS. SCHROEDER answered that both Colorado and Florida have done
something similar.
CHAIR WIELECHOWSKI asked if the bill had a Finance Committee
referral, and how many people might take advantage.
MS. SCHROEDER replied there was no Finance referral.
CHAIR WIELECHOWSKI said the bill would seem to have a fiscal
impact.
MS. CHAMBERS responded that the first section of the bill
requires military spouses to pay all fees when applying for
licenses. The second portion relates to actual active duty
military that would already be currently licensed by the state.
CHAIR WIELECHOWSKI asked if there might be any equal protection
arguments against the bill.
MS. SCHROEDER explained the impacts are not necessarily out-of-
state vs. in-state. The only difference for military spouses is
for their licenses to be expedited. Also, it is not uncommon for
military groups to be treated differently, especially in times
of war.
CHAIR WIELECHOWSKI asked if the bill includes the Coast Guard
and National Guard.
MS. SCHROEDER answered that it does.
SENATOR GIESSEL noted that some of the most exemplary health
care providers in state are retired military. She asked if a
board has more stringent requirements in place, does this bill
lower those requirements.
MS. SCHROEDER answered no.
9:47:19 AM
MARK SANSOUCI, Liaison for military families in the Northwest,
Department of Defense (DOD), said military spouse careers is a
top priority of First Lady Michelle Obama. Military families
need the dual incomes and there is also concern for retention
and reenlisting. Fifty-nine percent of military members are
married; 72 percent of those are in the NCO and officer class.
DOD data shows that today in Alaska there are 13,229 active duty
military spouses. Roughly 50 percent of them are employed, so
that would be about 6,500. They don't know how many may be
licensed.
CHAIR WIELECHOWSKI asked what the percentages are in other
states.
MR. SANSOUCI answered that in Florida the bill was just enacted
in July 2010, so they don't have good numbers yet. Colorado has
a different way of handling licenses, so there is no real
comparison.
CHAIR WIELECHOWSKI said it would be helpful to have that data.
9:51:04 AM
CHAIR WIELECHOWSKI closed public testimony and held HB 28 in
committee.
HB 98-HANDLING OF STATE FLAG
9:51:32 AM
CHAIR WIELECHOWSKI announced the next order of business would be
HB 98, which would establish a standardized procedure for
handling of the state flag.
JEANNE OSTNES, staff to Representative Craig Johnson, sponsor of
HB 98, said the bill adds subsections and two new sections to AS
44.09.030. The bill would bring standardization in handling the
state flag in Alaska. It is designed to insure consistent,
respectful, and appropriate procedures for display of the flag.
9:54:21 AM
BIANCA ARMSTRONG, Junior Reserve Officer Training Corps (JROTC),
Diamond High School, Anchorage, said the idea for the bill came
from a service learning project. While looking in state
statutes, they noticed there were no guidelines for the state
flag.
ROBERT HOWSER, JROTC Battalion Commander, Diamond High School,
said they wanted a more unique way to fold the Alaska flag in
comparison to the U.S. flag. They wanted to fold it so that the
North Star would be on top.
9:56:00 AM
Members were shown a video of a flag ceremony made by the JROTC
students, showing how to fold the flag.
MS. OSTNES said she wanted to recognize the students for their
work on the video and for taking the time to testify during
their spring break. They also prepared a booklet for use by each
school district or senate district. She displayed a draft mock-
up of the booklet. Most important is placement of the flag and
folding it properly.
10:03:34 AM
SENATOR PASKVAN noted there are many ways of displaying the
state flag. Many people wear bandanas, patches, or t-shirts. He
hopes the bill would encourage correct procedures but not ban
other types of display.
MS. OSTNES responded that was correct. There was no standard
procedure for vertical hanging of the state flag. The bill
sponsor just wants to make a uniform policy, and no penalties
would be involved.
CHAIR WIELECHOWSKI said perhaps the bill should refer to display
in a public place.
10:06:19 AM
MS. OSTNES replied the booklet goes into extensive etiquette.
SENATOR PASKVAN pointed out that the flag could be displayed
many different ways in different places; for instance, in a
newspaper advertisement. He said the first Alaska Legislature
did not put a penalty for improper display of flags. He does not
want to see any penalty or punishment.
MS. OSTNES confirmed there are no penalties in the bill, just
basic guidelines. The booklet could be educational. It is a
draft and things can change.
10:09:23 AM
SENATOR MEYER asked how to obtain the booklet.
MS. OSTNES answered the print shop is printing them now.
SENATOR MEYER said he recently gave a state flag that had flown
over the Capitol Building to a deceased soldier's parents, and
the booklet would make a nice addition to such a gift.
CHAIR WIELECHOWSKI announced HB 98 would be held in committee.
10:11:00 AM
There being no further business to come before the committee,
Chair Wielechowski adjourned the Senate State Affairs Standing
Committee meeting at 10:11 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB 28 Sponsor Statement 2.pdf |
SSTA 3/8/2011 9:00:00 AM |
HB 28 |
| HB 27 Supporting Document - Professions Covered by HB 28.pdf |
SSTA 3/8/2011 9:00:00 AM |
HB 27 HB 28 |
| HB 28 Supporting Document - Dental Society Letter.pdf |
SSTA 3/8/2011 9:00:00 AM |
HB 28 |
| CSHB 28 Supporting Documents - Article Military Spouses.pdf |
SSTA 3/8/2011 9:00:00 AM |
HB 28 |