Legislature(1993 - 1994)
01/19/1993 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
January 19, 1993
8:00 a.m.
MEMBERS PRESENT
Representative Al Vezey, Chair
Representative Pete Kott, Vice Chair
Representative Harley Olberg
Representative Jerry Sanders
Representative Gary Davis
Representative Fran Ulmer
MEMBERS ABSENT
Representative Bettye Davis (excused)
OTHER HOUSE MEMBERS PRESENT
Representative Terry Martin
COMMITTEE CALENDAR
*EO 81: Moving the Alaska Science and Technology
Foundation from the Department of Revenue to the
Department of Commerce and Economic Development.
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
*EO 82: Transferring administration of the charitable
gaming program from the Department of Commerce and
Economic Development to the Department of Revenue.
MOVED OUT OF COMMITTEE WITH DO PASS RECOMMENDATION
*EO 83: Merging the State Geographic Board and the
Historic Sites Advisory Committee into the Alaska
Historical Commission in the Department of Natural
Resources.
MOVED OUT OF COMMITTEE WITH DO PASS RECOMMENDATION
*EO 84: Consolidating the duties and functions of the
Alaska Women's Commission and the Alaska
Commission on Children and Youth into a new Alaska
Human Relations Commission in the Governor's
Office.
MOVED OUT OF COMMITTEE WITH DO PASS RECOMMENDATION
*EO 85: Moving the bonding program that serves as security
for the collection of wages and payment for raw
fish from the Department of Labor to the
Department of Revenue.
MOVED OUT OF COMMITTEE WITH DO PASS RECOMMENDATION
*EO 86: Transferring the functions and duties of the
division of fisheries rehabilitation, enhancement
and development to the Department of Fish and
Game.
MOVED OUT OF COMMITTEE WITH DO PASS RECOMMENDATION
*EO 87: Moving state facility leasing and management
functions from the Department of Administration
and other agencies to the Department of
Transportation and Public Facilities.
MOVED OUT OF COMMITTEE WITH DO PASS RECOMMENDATION
*HJR 1: Proposing amendments to the Constitution of the
State of Alaska authorizing the use of the
initiative to amend the Constitution of the State
of Alaska by approval of two-thirds of the votes
cast on the proposed amendment.
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
*HJR 8: Proposing amendments to the Constitution of the
State of Alaska authorizing the use of the
initiative to amend the Constitution of the State
of Alaska.
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
*HJR 9: Proposing an amendment to the Constitution of the
State of Alaska prohibiting the imposition of
state personal income taxation, state ad valorem
taxation on real property, or state retail sales
taxation without the approval of the voters of the
state.
SCHEDULED BUT NOT HEARD
(* first public hearing)
WITNESS REGISTER
John Sibert, Executive Director
Alaska Science & Technology Foundation (ASTF)
550 West 7th Ave.
Anchorage, AK 99501
272-4333
Position Statement: Supported EO 81
Darrel Rexwinkel, Commissioner
Department of Revenue
P.O. Box 110400
Juneau, AK 99811-0400
465-2300
Position Statement: Supported EO 81 and EO 85
Rod Mourant, Assistant Commissioner
Department of Revenue
P.O. Box 110400
Juneau, AK 99811-0400
465-2300
Position Statement: Supported EO 81
Vincent Usera, Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
465-2398
Position Statement: Supported EO 81
Karl Luck, Director
Department of Commerce & Economic Development,
Division of Occupational Licensing
P.O. Box 110806
Juneau, AK 99811-0806
465-2638
Position Statement: Supported EO 82
John Hansen, Gaming Manager
Department of Commerce & Economic Development
Division of Occupational Licensing
P.O. Box 110806
Juneau, AK 99811-0806
465-2581
Position Statement: Supported EO 82
Kristie Leaf
Deputy Director of Boards & Commissions
Office of the Governor
P.O. Box 110001
Juneau, AK 99811-0001
465-3500
Position Statement: Supported EO 84 and EO 83
Jenny Bell
AWARE
P.O. Box 20809
Juneau, AK 99802
789-4175 and 586-6623
Position Statement: Opposed EO 84
Carla Timpone
P.O. Box 240086
Douglas, AK 99824
364-3581 and 789-5523
Position Statement: Opposed EO 84
Cindy Smith
Network on Domestic Violence
419 6th St.
Juneau, AK 99801
586-3650
Position Statement: Opposed EO 84
Caren Robinson
P.O. Box 33702
Juneau, AK 99801
586-1107 and 789-4305
Position Statement: Opposed EO 84
Freda Westman
AWARE
P.O. Box 20809
Juneau, AK 99802
586-6623 and 789-3004
Position Statement: Opposed EO 84
Marcia McKenzie
Alaska Auxiliary of University Women (AAUW)
P.O. Box 33977
Juneau, AK 99803
Position Statement: Opposed EO 84
Sherrie Goll
Alaska Women's Lobby/KIDPAC
P.O. Box 22156
Juneau, AK 99802
463-6744
Position Statement: Opposed EO 84
Geron Bruce, Special Assistant
Department of Fish & Game
P.O. Box 25526
Juneau, AK 99802-5526
465-6143
Position Statement: Supported EO 86
Keith Gerken, Deputy Commissioner
Department of Transportation and Public Facilities
3132 Channel Drive
Juneau, AK 99801-7898
465-3903
Position Statement: Supported EO 87
Kit Duke, Assistant Commissioner
Department of Transportation and Public Facilities
3901 C Street, Suite 724
Anchorage, AK 99503
465-3903 and 562-2728
Position Statement: Supported EO 87
Representative Gail Phillips
Room 216, Capitol
Juneau, AK 99811
465-2689
Position Statement: Sponsor of HJR 1
PREVIOUS ACTION
BILL: HJR 1
SHORT TITLE: USE OF INITIATIVE TO AMEND CONSTITUTION
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) PHILLIPS,Bunde
TITLE: Proposing amendments to the Constitution of the State
of Alaska authorizing the use of the initiative to amend the
Constitution of the State of Alaska by approval of
two-thirds of the votes cast on the proposed amendment.
JRN-DATE JRN-PG ACTION
01/04/93 21 (H) PREFILE RELEASED
01/11/93 21 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 21 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/19/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HJR 8
SHORT TITLE: USE OF INITIATIVE TO AMEND CONSTITUTION
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MARTIN,Kott,Green,Olberg
TITLE: Proposing amendments to the Constitution of the State
of Alaska authorizing the use of the initiative to amend the
Constitution of the State of Alaska.
JRN-DATE JRN-PG ACTION
01/04/93 23 (H) PREFILE RELEASED
01/11/93 23 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 23 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/12/93 49 (H) COSPONSOR(S): OLBERG
01/19/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HJR 9
SHORT TITLE: VOTER APPROVAL FOR NEW TAXES
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MARTIN
TITLE: Proposing an amendment to the Constitution of the
State of Alaska prohibiting the imposition of state personal
income taxation, state ad valorem taxation on real property,
or state retail sales taxation without the approval of the
voters of the state.
JRN-DATE JRN-PG ACTION
01/04/93 23 (H) PREFILE RELEASED
01/11/93 23 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 23 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/19/93 (H) STA AT 08:00 AM CAPITOL 102
ACTION NARRATIVE
TAPE 93-1, SIDE A
Number 000
The first meeting of the House State Affairs Committee was
called to order at 8:00 a.m. on January 19, 1993, by
Chairman Al Vezey. Members present were Representatives
Kott, Olberg, Sanders, G. Davis, and Ulmer, representing a
quorum. Representative B. Davis was absent. Representative
Terry Martin was also present.
EO 81: AK SCIENCE & TECHNOLOGY FOUNDATION
CHAIRMAN VEZEY read the title of EO 81. He reminded the
committee that the authority of the governor to issue this
executive order stems from Alaska statute 24.08.210. He
said there may be some question if this authority allows the
governor to transfer personnel from a partially exempt
status to a classified or totally exempt position. He
invited comments or questions from the committee and then
from public agencies.
Number 093
JOHN SIBERT, Executive Director, Alaska Science & Technology
Foundation (ASTF), commented that EO 81 would not
significantly impact ASTF. Combining science and advisory
commission duties would make sense. He stated that he was
in support of the changes.
Number 162
REPRESENTATIVE TERRY MARTIN asked funding question to Mr.
Sibert who answered that it would be internal.
CHAIRMAN VEZEY asked Mr. Sibert what was the reasoning for
changing the partially exempt status to a classified
position.
MR. SIBERT responded that he was not aware of that change.
Number 176
REPRESENTATIVE GARY DAVIS asked Mr. Sibert about title
change and duties.
MR. SIBERT responded that with current staff he was the only
technical position and would be stretched.
Number 194
DARREL REXWINKEL, Commissioner, Department of Revenue, spoke
in support of transferring the ASTF to the Department of
Commerce. He read testimony of the reasons for supporting
EO 81. His testimony included the history and purpose of
the foundation.
Number 239
REPRESENTATIVE FRAN ULMER brought up questions from the
Department of Legal Services memo. The concerns were that
EO 81 possibly goes too far by making substantive changes.
Number 265
ROD MOURANT, Assistant Commissioner, Department of Revenue,
stated that it was the opinion of Deborah Behr in the
Department of Law that the points raised by Legal Services
could be done by the revisor of statutes in technical
corrections to clean up legislation. He said he would
present a new draft to correct technical concerns to the
committee within five days.
Number 295
VINCENT USERA, Assistant Attorney General, Office of the
Alaska Attorney General, stated the he drafted the executive
order that omitted substance. A new draft would be
introduced to correct the mistakes that were made.
Number 323
REPRESENTATIVE ULMER explained the restrictions of executive
orders.
Number 350
REPRESENTATIVE HARLEY OLBERG said he would like exempt
status to classified to be clarified.
Number 381
CHAIRMAN VEZEY reminded the committee that executive orders
would pass within 60 days unless vetoed and that time
started ticking on January 11.
Number 478
REPRESENTATIVE ULMER clarified that there must be action in
the form of a resolution to reject an executive order or a
request that the governor make a change to the executive
order.
EO 82: CHARITABLE GAMING PROGRAM
Number 496
CHAIRMAN VEZEY read the title of EO 82. He invited comments
or questions from the committee and then from public
agencies.
COMMISSIONER REXWINKEL spoke in support of EO 82. His
testimony included the history of the 1988 statute change.
He stated that the function of gaming was to collect enough
money to carry out it's functions only.
Number 544
KARL LUCK, Director, Department of Commerce & Economic
Development, Division of Occupational Licensing, stated that
gaming was not a function of Occupational Licensing and
should be in the Department of Revenue. He expressed his
support of EO 82.
Number 572
JOHN HANSEN, Manager of the Gaming Program, Department of
Commerce & Economic Development, stated that there was an
enforcement duplication by the Department of Commerce and by
the Department of Revenue. He said financial statements
need to be audited and the Department of Revenue has that
expertise.
Number 590
REPRESENTATIVE JERRY SANDERS asked Mr. Hansen how the
transfer would work.
MR. HANSEN answered that the same people would do the same
job only they would be with the Department of Revenue.
Number 629
REPRESENTATIVE G. DAVIS requested that EO 82 pass to the
House Labor and Commerce Committee. There being no
objection, EO 82 passed unanimously.
EO 83: GEOGRAPHIC BOARD & HISTORIC SITES ADV COMM
Number 636
CHAIRMAN VEZEY read the title of EO 83. He invited comments
or questions from the committee and then from public
agencies.
Number 649
REPRESENTATIVE OLBERG asked if the budget would be the same
or if it would decrease.
Number 658
REPRESENTATIVE PETE KOTT assumed that the budget of all
three commissions would be reduced.
Number 660
REPRESENTATIVE MARTIN stated that a negative fiscal note
would be possible.
Number 665
KRISTIE LEAF, Deputy Director, Boards and Commissions,
Office of the Governor, spoke in support of EO 83. She
submitted a fact sheet on consolidation, which outlined her
testimony. She also stated that a decrease in budget was
expected.
TAPE 93-1, SIDE B
Number 041
REPRESENTATIVE OLBERG requested that EO 83 pass out of
committee and on to the House Resources Committee. Without
objection, EO 83 was passed unanimously.
EO 84: WOMEN'S & CHILDREN'S & YOUTH COMMISSIONS
Number 062
CHAIRMAN VEZEY read the title of EO 84. He invited comments
or questions from the committee and then from public
agencies.
Number 078
KRISTIE LEAF, Deputy Director, Boards and Commissions,
Office of the Governor, spoke in support of EO 84. (A copy
of her testimony is outlined in the facts sheet on
consolidation contained in the committee bill file.)
Number 147
REPRESENTATIVE ULMER asked Ms. Leaf about the budget.
Number 150
MS. LEAF reviewed the budget history.
Number 175
REPRESENTATIVE ULMER asked Ms. Leaf why there was a change
in title.
MS. LEAF responded that it would be more inclusive.
Number 190
REPRESENTATIVE ULMER shared that the title could mean
anything. She then asked if the duties of the women's and
children's commissions would stay the same.
Number 210
MS. LEAF responded that EO 84 would not change or add
duties, responsibilities, or any change of focus.
Number 216
REPRESENTATIVE ULMER stated that there was not enough time
to address children's and women's issues that face each
commission because the need was so great.
Number 238
REPRESENTATIVE KOTT was interested in the frequency of
commission meetings.
Number 262
MS. LEAF responded that she did not know how often they met,
but she believed that it would be better coordinated when
merged together.
MARSH McKENZIE with the Alaska Auxiliary of University Women
(AAUW), spoke in opposition to EO 84. She believed it was a
step backwards to merge the commissions because each stands
on its own and has individual focuses.
Number 355
REPRESENTATIVE MARTIN responded on the values of a unified
title.
MS. McKENZIE responded that equality and equity must come
first.
Number 436
SHERRIE GOLL, representing the Alaska Women's Lobby and
KIDPAC, spoke in opposition to EO 84. She submitted for the
committee packet the "Goals of the Alaska Women's Commission
FY92." She explained the benefits from each group and the
defined goals of each.
Number 520
CHAIRMAN VEZEY requested that testimony be kept brief and
encouraged written testimony to be added to committee
packets.
Number 525
REPRESENTATIVE ULMER requested that the chairman not limit
testimony.
Number 542
JENNY BELL, Executive Director of the Juneau Aware Shelter,
spoke against EO 84 and noted some educational benefits from
the Women's Commission.
Number 550
CINDY SMITH, representing the Network on Domestic Violence,
opposed EO 84.
Number 559
CAREN ROBINSON spoke in opposition to EO 84. She requested
that committee members look at reports before voting to
combine the commissions.
Number 585
FREDA WESTMAN, with the Juneau Aware Shelter, said she
opposed EO 84 because women and children issues should be
addressed separately.
Number 599
REPRESENTATIVE ULMER encouraged the committee to disapprove
EO 84. A roll call vote was taken.
Number 618
REPRESENTATIVE OLBERG requested that the committee pass
EO 84. Executive Order 84 was passed to the House Health,
Education and Social Services Committee with one "do not
pass" recommendation by Representative Ulmer.
EO 85: BONDING PROGRAM
Number 629
CHAIRMAN VEZEY read the title of EO 85. He invited comments
or questions from the committee and then from public
agencies.
Number 638
DARREL REXWINKEL, Commissioner for the Department of
Revenue, spoke in support of EO 85.
Number 663
REPRESENTATIVE G. DAVIS requested that the committee pass
EO 85 to the House Resources Committee. Executive Order 85
passed with one "do not pass" recommendation by
Representative Ulmer.
EO 86: DIV OF FISHERIES REHAB, ENHANCEMENT & DEVELOPMENT
Number 669
CHAIRMAN VEZEY read the title of EO 86. He invited comments
or questions from the committee and then from public
agencies.
Number 678
GERON BRUCE, with the Department of Fish & Game, spoke in
support of EO 86. He explained why the department would
better utilize personnel with the change.
TAPE 93-2, SIDE A
Number 044
REPRESENTATIVE ULMER questioned how the merge would affect
the status and enhancement of hatcheries.
Number 064
MR. BRUCE responded that it would be more efficient as a
section of the division within the department.
Number 098
REPRESENTATIVE ULMER encouraged having an advisory
committee.
Number 104
REPRESENTATIVE OLBERG shared his concern that the goals
should not disappear because of the FRED (Fisheries
Rehabilitation, Enhancement and Development) merger.
Number 114
MR. BRUCE stated that the quality would not change. He also
stated that he would include written testimony to the
committee packet.
Number 122
REPRESENTATIVE SANDERS requested that EO 86 move to the
House Resources Committee. Hearing no objections, EO 86
moved out of committee.
EO 87: STATE FACILITY LEASING & MANAGEMENT
Number 129
CHAIRMAN VEZEY read the title of EO 87. He invited comments
or questions from the committee and then from public
agencies.
Number 147
KEITH GERKINS, Deputy Commissioner, Department of
Transportation and Public Facilities (DOT/PF), spoke in
support of EO 87. He stated that maintenance and inventory
needed to be in one place.
Number 222
CHAIRMAN VEZEY had a question regarding the EO 87 zero
fiscal note.
Number 225
MR. GERKINS responded that moneys would be needed in the
capital budget for maintenance and to bring buildings up to
standards, but no moneys would be needed for EO 87.
Number 245
REPRESENTATIVE asked Mr. Gerkins to clarify what the
$250,000 in associated personnel costs to be transferred in
the Division of General Services to the DOT/PF meant.
Number 253
MR. GERKINS responded that it was simply a budget transfer
to be shown in a budget amendment for the governor to submit
later on.
Number 261
KIT DUKE, Assistant Commissioner, Department of
Transportation and Public Facilities (DOT/PF), spoke in
support of EO 87 because it was the department's fiscal
responsibility.
Number 283
REPRESENTATIVE ULMER asked Ms. Duke if this was supported by
upper management or lower management.
Number 290
MR. DUKE replied that all levels, upper, lower, and people
throughout the agencies, supported this concept.
Number 319
REPRESENTATIVE OLBERG asked Ms. Duke what Charles
Bettisworth did in the department's inventory and what was
the cost.
(Representative Ulmer left the meeting at 10:00 a.m.)
MR. DUKE replied that the cost was approximately $100,000 to
code and do an energy survey to show the condition of
buildings. He stated inventory would be completed by
February.
Number 353
REPRESENTATIVE G. DAVIS asked if all state owned and leased
buildings were included under the DOT/PF.
Number 361
MR. DUKE replied that the university buildings were exempt
and so were schools and corporations.
Number 368
REPRESENTATIVE KOTT asked if the consolidation would save
money and be more efficient.
Number 374
MR. DUKE replied that EO 87 would save money. He said the
department would also improve the effectiveness of state
government and not be forced to spend as much money as it
would have to otherwise to maintain and replace facilities.
Number 395
REPRESENTATIVE KOTT requested passage of EO 87 to the House
Transportation Committee. The roll was taken and EO 87
passed with a unanimous vote from all committee members.
HJR 1: USE OF INITIATIVE TO AMEND CONSTITUTION
Number 407
CHAIRMAN VEZEY read the title of HJR 1. He invited comments
or questions from the committee and then from public
agencies.
Number 429
REPRESENTATIVE GAIL PHILLIPS, sponsor of HJR 1, spoke of the
need for the legislation. (A summary of her testimony has
been included in the committee bill file.) Rep. Phillips
requested that HJR 1 be held until the fiscal note was
available.
Number 458
CHAIRMAN VEZEY asked if HJR 1 would change statutes also.
Number 460
REPRESENTATIVE PHILLIPS replied that it would amend the
constitution only and not statutes.
Number 466
REPRESENTATIVE SANDERS asked if it would require two-thirds
of the registered voters who vote.
Number 470
REPRESENTATIVE G. DAVIS stated that the constitutional
convention question was asked at the last election and the
response was not to have one. He asked why this was
different.
Number 476
REPRESENTATIVE PHILLIPS responded that the question was to
not open up the total constitution, yet the people wanted
changes, such as term limits. She said it takes a major
effort and a drive was difficult to put an initiative on the
ballot.
Number 492
REPRESENTATIVE G. DAVIS asked if debate should be a concern
in the initiative process.
Number 501
REPRESENTATIVE PHILLIPS responded that the more the debate
the better.
Number 505
REPRESENTATIVE SANDERS shared a concern about the
newspaper's power of persuasion.
Number 509
REPRESENTATIVE PHILLIPS said that it would be a
responsibility of the legislature to make sure that they get
their side out as well.
Number 518
REPRESENTATIVE G. DAVIS asked for clarification of
Representative Martin's bills, HJR 8 and HJR 1.
Number 539
CHAIRMAN VEZEY stated that public hearings for HJR 1 would
be done this month through teleconference.
HJR 8: USE OF INITIATIVE TO AMEND CONSTITUTION
Number 574
REPRESENTATIVE TERRY MARTIN, sponsor of HJR 8, spoke in
support of the initiative process. (The sponsor summary can
be found in the committee bill file.)
TAPE 93-2, SIDE B
Number 000
REPRESENTATIVE MARTIN continued his points on HJR 8.
ADJOURNMENT
Number 088
CHAIRMAN VEZEY adjourned the meeting at 10:42 a.m.
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