HOUSE STATE AFFAIRS STANDING COMMITTEE March 4, 1993 8:00 a.m. MEMBERS PRESENT Representative Al Vezey, Chairman Representative Pete Kott, Vice Chairman Representative Harley Olberg Representative Jerry Sanders Representative Gary Davis Representative Fran Ulmer Representative Bettye Davis MEMBERS ABSENT None OTHER HOUSE MEMBERS PRESENT Representative Brian Porter COMMITTEE CALENDAR HB 47 "An Act relating to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public." MOVED FROM COMMITTEE WITH NO RECOMMENDATION HB 49 "An Act relating to facsimile absentee ballot application and facsimile absentee voting." MOVED FROM COMMITTEE WITH NO RECOMMENDATION SJR 20 Disapproving the Local Boundary Commission recommendation regarding the annexation of territory to the City of Palmer. HELD IN COMMITTEE FOR FURTHER CONSIDERATION *HB 138 "An Act relating to limitations on a drivers' license; imposing a limited license fee; and providing for an effective date." MOVED FROM COMMITTEE WITH DO PASS RECOMMENDATION (* denotes first public hearing) WITNESS REGISTER Mike Chryst P.O. Box 872488 Wasilla, Alaska 99687 376-3192 Position Statement: Supported SJR 20 Sally Chryst P.O. Box 872488 Wasilla, Alaska 99687 376-3192 Position Statement: Supported SJR 20 Mark Chryson P.O. Box 872488 Wasilla, Alaska 99687 376-3704 Position Statement: Supported SJR 20 Arnold Hartman P.O. Box 2574 Palmer, Alaska 99645 746-1763 Position Statement: Supported SJR 20 Clarence Furbush HC01 Box 6001 Palmer, Alaska 99645 745-3357 Position Statement: Supported SJR 20 Steve VanCleve P.O. Box 372 Sutton, Alaska 99674 745-3038 Position Statement: Supported SJR 20 William Hopkins Palmer, Alaska 99645 Position Statement: Supported SJR 20 Don Hart P.O. Box 3771 Palmer, Alaska 99645 745-5454 Position Statement: Supported SJR 20 Dan Dryden HC3 Box 8118 Palmer, Alaska 99645 745-6745 Position Statement: Supported SJR 20 Robert Bailey Property Owner P.O. Box 221 Palmer, Alaska 99645 745-3020 Position Statement: Supported SJR 20 Dave Soulak City Manager City of Palmer Palmer, Alaska 99645 745-3271 Position Statement: Opposed SJR 20 Dan Brockhurst Staff Member Local Boundary Commission 269-4500 Anchorage, Alaska Position Statement: Outlined the LBC annexation process Jana Thrift P.O. Box 2574 Palmer, Alaska 99645 746-1763 Position Statement: Supported SJR 20 Marsha Melton Mayor Pro Tem City of Palmer Palmer, Alaska 99645 Position Statement: Opposed SJR 20 Representative Brian Porter State Capitol, Room 122 Juneau, Alaska 99801-1182 465-4930 Position Statement: Prime Sponsor of HB 138 PREVIOUS ACTION BILL: HB 47 SHORT TITLE: ABSENTEE BALLOTS - PRIMARY ELECTIONS BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) MARTIN TITLE: "An Act relating to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public." JRN-DATE JRN-PG ACTION 01/12/93 43 (H) READ THE FIRST TIME/REFERRAL(S) 01/12/93 43 (H) STATE AFFAIRS, JUDICIARY, FINANCE 01/28/93 (H) STA AT 08:00 AM CAPITOL 102 01/30/93 (H) STA AT 08:00 AM CAPITOL 102 01/30/93 (H) MINUTE(STA) 02/04/93 (H) STA AT 08:00 AM CAPITOL 102 02/06/93 (H) STA AT 08:00 AM CAPITOL 102 02/06/93 (H) MINUTE(STA) 02/09/93 (H) STA AT 08:00 AM CAPITOL 102 02/11/93 (H) MINUTE(STA) 02/13/93 (H) STA AT 08:00 AM CAPITOL 102 02/18/93 (H) STA AT 08:00 AM CAPITOL 102 02/18/93 (H) MINUTE(STA) 03/02/93 (H) STA AT 08:00 AM CAPITOL 102 03/04/93 (H) STA AT 08:00 AM CAPITOL 102 BILL: HB 49 SHORT TITLE: ABSENTEE BALLOTING BY FAX BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) MARTIN,Brice TITLE: "An Act relating to facsimile absentee ballot application and facsimile absentee voting." JRN-DATE JRN-PG ACTION 01/13/93 52 (H) READ THE FIRST TIME/REFERRAL(S) 01/13/93 53 (H) STATE AFFAIRS, JUDICIARY, FINANCE 01/20/93 117 (H) COSPONSOR(S): BRICE 01/28/93 (H) STA AT 08:00 AM CAPITOL 102 01/28/93 (H) MINUTE(STA) 01/30/93 (H) STA AT 08:00 AM CAPITOL 102 01/30/93 (H) MINUTE(STA) 02/09/93 (H) STA AT 08:00 AM CAPITOL 102 02/11/93 (H) STA AT 08:00 AM CAPITOL 102 02/11/93 (H) MINUTE(STA) 02/13/93 (H) STA AT 08:00 AM CAPITOL 102 02/18/93 (H) STA AT 08:00 AM CAPITOL 102 02/18/93 (H) MINUTE(STA) 03/02/93 (H) STA AT 08:00 AM CAPITOL 102 03/04/93 (H) STA AT 08:00 AM CAPITOL 102 BILL: SJR 20 SHORT TITLE: DISAPPROVE PALMER BOUNDARY CHANGES BILL VERSION: SPONSOR(S): COMMUNITY & REGIONAL AFFAIRS TITLE: Disapproving the Local Boundary Commission recommendation regarding the annexation of territory to the City of Palmer. JRN-DATE JRN-PG ACTION 02/10/93 316 (S) READ THE FIRST TIME/REFERRAL(S) 02/10/93 316 (S) COMMUNITY AND REGIONAL AFFAIRS 02/16/93 (S) CRA AT 09:00 AM BUTROVICH ROOM 205 02/16/93 (S) MINUTE(CRA) 02/17/93 384 (S) CRA RPT 3DP 1NR 02/17/93 384 (S) ZERO FISCAL NOTE (S.CRA/CRA) 02/18/93 (S) RLS AT 11:30 AM FAHRENKAMP ROOM 203 02/18/93 (S) MINUTE(RLS) 02/19/93 410 (S) RULES TO CALENDAR 2/19/93 02/19/93 417 (S) HELD TO 2/22/93 02/22/93 441 (S) READ THE SECOND TIME 02/22/93 441 (S) ADVANCED TO THIRD READING UNAN CONSENT 02/22/93 441 (S) READ THE THIRD TIME SJR 20 02/22/93 442 (S) PASSED Y16 N1 E2 A1 02/22/93 444 (S) TRANSMITTED TO (H) 02/23/93 (H) CRA AT 01:00 PM CAPITOL 124 02/23/93 (H) MINUTE(CRA) 02/24/93 428 (H) READ THE FIRST TIME/REFERRAL(S) 02/24/93 428 (H) STATE AFFAIRS, CRA 03/02/93 (H) CRA AT 01:00 PM CAPITOL 124 03/04/93 (H) STA AT 08:00 AM CAPITOL 102 03/04/93 (H) CRA AT 01:00 PM CAPITOL 124 BILL: HB 138 SHORT TITLE: LIMITED DRIVERS' LICENSES BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) PORTER,Ulmer,Carney TITLE: "An Act relating to limitations on a drivers' license; imposing a limited license fee; and providing for an effective date." JRN-DATE JRN-PG ACTION 02/08/93 253 (H) READ THE FIRST TIME/REFERRAL(S) 02/08/93 254 (H) STATE AFFAIRS, JUDICIARY, FINANCE 03/04/93 (H) STA AT 08:00 AM CAPITOL 102 ACTION NARRATIVE TAPE 93-25, SIDE A Number 000 CHAIRMAN AL VEZEY called the House State Affairs Committee to order at 8:06 a.m. on Thursday, March 4, 1993. Members present were Representatives Kott, Olberg, Sanders, Bettye Davis, Ulmer, and Gary Davis, representing a quorum. Also present was Representative Brian Porter, prime sponsor of HB 138. HB 47: ABSENTEE BALLOTS - PRIMARY ELECTIONS Number 018 CHAIRMAN VEZEY read the title of CSHB 47 and outlined changes made in the bill since its introduction, then called for discussion. Number 047 REPRESENTATIVE BETTYE DAVIS MOVED for ADOPTION of CSHB 47, which met with no objection. Number 053 REPRESENTATIVE JERRY SANDERS MOVED for PASSAGE of CSHB 47 from committee. Number 074 CHAIRMAN VEZEY called for a vote on CSHB 47, which PASSED unanimously from committee. HB 49: ABSENTEE BALLOTING BY FAX Number 080 CHAIRMAN VEZEY read the title for CSHB 49, which was held over from the last meeting. He noted there were no changes in the bill. Number 084 REPRESENTATIVE FRAN ULMER asked for clarification on the Department of Elections' position on CSHB 49. Number 088 CHAIRMAN VEZEY claimed the Department of Elections supported CSHB 49. Number 094 REPRESENTATIVE PETE KOTT, VICE CHAIR, MOVED for PASSAGE of CSHB 49. Number 099 CSHB 49 PASSED from committee unanimously. SJR 20: DISAPPROVE PALMER BOUNDARY CHANGES Number 115 CHAIRMAN VEZEY read the title for SJR 20 and called for comment from the teleconference sites around the state. Number 135 MIKE CHRYST, PRESIDENT OF A PALMER AREA POLITICAL GROUP, testified by teleconference from Mat-su, in support of SJR 20. Mr. Chryst explained that allowing land to be annexed by the city of Palmer violated individual rights and the mind- set of the average Alaskan. Number 166 SALLY CHRYST testified by teleconference from Mat-su, in support of SJR 20. She explained that she feared fights over future annexations between the cities of Palmer and Wasilla without regard to personal property rights. Number 189 MARK CHRYSON, PRESIDENT OF THE MAT-SU ALASKAN INDEPENDENCE PARTY, testified by teleconference from Mat-Su, in support of SJR 20. Mr. Chryson did not want to see property annexed without the will of the owner. Number 218 ARNOLD HARTMAN, A 22 YEAR RESIDENT OF PALMER, testified by teleconference from Mat-Su in support of SJR 20. Mr. Hartman explained that keeping SJR 20 in committee and away from floor debate was morally wrong. He also stated annexing property against the will of the owner was a constitutional violation. Number 238 CLARENCE FURBUSH testified by teleconference from Mat-Su in support of SJR 20. He stated the desires of four other landowners wishing not to be annexed were being overshadowed by trouble surrounding Mr. Robert Bailey. He stated Mr. Bailey should be treated as a nuisance. Number 269 STEVE VANCLEVE testified by teleconference from Mat-Su in support of SJR 20. Mr. Vancleve noted hundreds of complaints had been lodged against Mr. Bailey, but said they came from a small group of people. He also noted Mr. Bailey had tried to clean up and paint his property to please other landowners. Mr. Vancleve also asked what happened to grandfather rights in the state. Number 323 WILLIAM HOPKINS testified by teleconference from Mat-Su in support of SJR 20. He stated Mr. Bailey only wanted independence, which he said was part of the Alaskan way of life. Number 337 DON HART testified by teleconference from Mat-Su in support of SJR 20. He questioned the motive of Palmer officials in annexing the property to increase surrounding property values, not to expand boundaries or development. Number 397 DAN DRYDEN testified by teleconference from Mat-Su in support of SJR 20. He stated the complaints against Mr. Bailey were wildly exaggerated, and should be evaluated in court. He stated not adopting SJR 20 would infringe on Mr. Bailey's civil rights and urged passage of the resolution. Number 448 ROBERT BAILEY testified by teleconference from Mat-Su in support of SJR 20. He made a personal appeal for the committee to move the resolution to the House floor for a full debate. Number 461 DAVE SOULAK, PALMER CITY MANAGER, testified by teleconference from Mat-Su in opposition to SJR 20. Mr. Soulak stated the property up for annexation had been declared a threat to public health, safety and welfare, and assured the committee no changes would be made overnight. He also stated the city would not try to acquire the land. Number 499 REPRESENTATIVE KOTT asked who Cathy Hummel was, and if her written testimony before the Local Boundary Commission (LBC), was accurate. Number 506 MR. SOULAK replied Ms. Hummel was a paid health advocate. He explained he had no idea if her testimony was good, because the city was only invited to inspect the property with Department of Environmental Conservation (DEC) officials if Ms. Hummel's services to Mr. Bailey were also paid for. He said the city declined the offer. Number 520 REPRESENTATIVE GARY DAVIS asked what specific health, safety and welfare grounds the LBC reported on. Number 527 MR. SOULAK noted the large number of dogs Mr. Bailey owned posed an animal control problem in the neighborhood, and the lack of sewer and water facilities on his property. Number 548 CHAIRMAN VEZEY called for testimony from Anchorage. Number 550 DAN BROCKHURST, LOCAL BOUNDARY COMMISSION STAFF MEMBER, joined the hearing by teleconference from Anchorage. Number 556 CHAIRMAN VEZEY asked Mr. Brockhurst to outline the LBC annexation process. Number 559 MR. BROCKHURST detailed the process, including the Palmer City Council vote of February, 1992, the public notice for comments in May 1992, the Committee on Regional Affairs draft report in October 1992, and the LBC hearing of November 20, 1992, in which members voted 3-2 for annexation. Number 604 REPRESENTATIVE KOTT asked if toxic waste studies had been done on the site. Number 608 MR. BROCKHURST stated there had been no studies done because of the stipulations placed on a DEC team visiting the site, but noted the LBC looked beyond toxic waste in determining threats to public health, safety and welfare. Number 636 REPRESENTATIVE KOTT inquired about Cathy Hummel. Number 638 MR. BROCKHURST stated Ms. Hummel was an employee of the Alaska Health Project. Number 652 JANA THRIFT testified by teleconference from Mat-Su in support of SJR 20. She stated four other property owners in the proposed annexed area disagreed with the LBC, that the LBC had discarded 10 of 11 standards for annexation in this case, that Cathy Hummel's report should be considered, and that the case belonged in court instead of the legislature. TAPE 93-25, SIDE B Number 012 MARSHA MELTON, PALMER MAYOR PRO TEM, testified by teleconference from Mat-Su in opposition to SJR 20. She asked if she might fax her testimony in, and was given permission to do so. Number 050 REPRESENTATIVE KOTT asked Mr. Bailey to return to the microphone and answer three questions: How large a homestead Mr. Bailey owned?; if Mr. Bailey had either junked or antique cars on his property?; and, if Mr. Bailey had entered into a lawsuit to protect himself? Number 081 MR. BAILEY answered that he owned an entire city block, or 3.5 acres; that the cars on his property could be considered antique or collectible; and, that he had no lawsuit pending. He also said he bought his property when other people began to crowd him. Number 113 REPRESENTATIVE KOTT felt SJR 20 should move from committee and MOVED for a vote to do so. SJR 20 FAILED to move on a 3-2 vote, with Representatives Olberg and Vezey voting no. HB 138: LIMITED DRIVERS' LICENSES Number 145 CHAIRMAN VEZEY read the title of HB 138 and invited its prime sponsor, Representative Brian Porter to testify. Number 155 REPRESENTATIVE BRIAN PORTER, PRIME SPONSOR of HB 138, explained the bill's intent was to correct a court interpretation of a bill passed in the 17th Legislature. He stated one court's interpretation did not allow second, fourth, and fifth drunk driving convictions to be allowed for consideration under the limited drivers' license statute, and HB 138 would correct that. He noted HB 138 also provided for cost sharing of the program. Number 216 CHAIRMAN VEZEY urged members to look carefully at the complexity of HB 138, and asked for clarification from Representative Porter. Number 245 REPRESENTATIVE PORTER explained the cost sharing details of the program, as well as the retroactive provisions for allowing a limited driver's license. Number 273 REPRESENTATIVE G. DAVIS MOVED for passage of HB 138. Number 276 REPRESENTATIVE B. DAVIS SECONDED the motion. Number 285 HB 138 was MOVED from committee by a 5-0 vote. ADJOURNMENT Number 290 CHAIRMAN VEZEY adjourned the meeting at 9:08 a.m.