Legislature(2015 - 2016)CAPITOL 106
04/07/2016 08:00 AM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SCR16 | |
| SB123 | |
| SCR20 | |
| SB6 | |
| SB24 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SCR 16 | TELECONFERENCED | |
| + | SB 123 | TELECONFERENCED | |
| + | SCR 20 | TELECONFERENCED | |
| + | SB 6 | TELECONFERENCED | |
| + | SB 24 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 6-ELIMINATE DAYLIGHT SAVING TIME
8:53:50 AM
CHAIR LYNN announced that the next order of business would be CS
FOR SENATE BILL NO. 6(FIN) "An Act exempting the state from
daylight saving time; petitioning the United States Department
of Transportation to change the time zones of Alaska; and
providing for an effective date."
CHAIR LYNN explained the bill was heard last year, it was
assigned to a subcommittee, and after hearing testimony from the
sponsor's office, the chair of the subcommittee would present a
report.
8:54:49 AM
ERIN SHINE, Staff, Senator Anna MacKinnon, Alaska State
Legislature, on behalf of Senator MacKinnon, prime sponsor,
related that SB 6 is Senator MacKinnon's second attempt in
trying to eliminate daylight saving time. There have been
multiple changes to the bill, and staff worked with the chair of
the subcommittee on the version before the committee, she said.
8:55:38 AM
REPRESENTATIVE KELLER, as chair of the aforementioned
subcommittee, reported that the subcommittee met during special
session and came up with an elegant compromise, because
businesses had expressed concern in moving to daylight saving
time in that the daylight hours are critical for economics. He
explained the compromise of the committee substitute is that the
bill is switched around and now the primary intent of the bill
is to request that the U.S. Department of Transportation move
all of Alaska onto Pacific Standard Time, which is the same time
as Seattle, Washington.
8:56:35 AM
REPRESENTATIVE KELLER, with regard to the second part of the
bill, explained that if the U.S. Department of Transportation
does put Alaska on Pacific Standard Time, Alaska would eliminate
daylight saving time. He described it as a compromise in that
daylight saving time would go away, but only if Alaska's time
was the same as that of Seattle. The U.S. Department of
Transportation's web site lists its criteria as being for
economic and commercial reasons. Clearly, he pointed out, there
is a commercial benefit to Alaskans, because the sunshine hours
in Alaska change so fast, there are little sunshine hours or a
lot of sunshine depending upon the location.
CHAIR LYNN verified that the above compromise is in a committee
substitute.
8:58:01 AM
REPRESENTATIVE STUTES surmised that if the U.S. Department of
Transportation chooses not to put Alaska on Pacific Standard
Time, then this bill would not be effective.
REPRESENTATIVE KELLER answered that it would be effective in the
sense that Alaska has asked for Pacific Standard Time, but
Representative Stutes is correct in that daylight saving time
would never come into play if the U.S. Department of
Transportation does not put Alaska on Pacific Standard Time.
8:58:26 AM
REPRESENTATIVE SPOHNHOLZ said she noticed that the business
community was not in support of the original bill, and asked
whether it has responded since that time with any additional
information.
REPRESENTATIVE KELLER replied that it is subjective in that
there was a subcommittee public hearing and business entities
were present and interested. Frankly, he said, he has heard
from only one person with concerns, but there was not an
official poll.
REPRESENTATIVE STUTES asked whether this transaction would
happen in tandem, such that Alaska would not go off daylight
saving time without being put on Pacific Standard Time. She
clarified she wants to ascertain that Alaska won't move and then
be told to wait for a response from the U.S. Department of
Transportation.
REPRESENTATIVE KELLER agreed that Representative Stutes is
exactly correct; the intent here is that there is no action on
daylight saving time unless the U.S. Department of
Transportation chooses to put Alaska on Pacific Standard Time.
He opined there is no option, no choice; Alaska would never go
on daylight saving time under this bill.
REPRESENTATIVE STUTES verified that this would affect the entire
State of Alaska and everyone would be on the same time zone.
CHAIR LYNN replied that whatever time zone the state is on, it
would be the same.
9:00:05 AM
REPRESENTATIVE KREISS-TOMKINS asked about the batting average
has been for U.S. Department of Transportation petitions to
change time zones.
MS. SHINE offered that within the last 20 years, it has been
done once when the State of Indiana petitioned to change its
time zone when it adopted daylight saving time. There is
potentially a precedent when changing daylight saving time and
petitioning the U.S. Department of Transportation, she added.
REPRESENTATIVE KREISS-TOMKINS surmised that there had been one
petition that was accepted.
MS. SHINE noted she attempted to call the U.S. Department of
Transportation yesterday, but no one from the department
returned her call to clarify. She offered her understanding
that the one petition was accepted and it did go through the
process.
9:01:37 AM
REPRESENTATIVE KELLER moved to adopt the House committee
substitute (HCS) for CSSB 6(FIN), labeled 29-LS0111\G, Shutts,
1/21/16, as the working document. There being no objection,
Version G was before the committee as the working document.
REPRESENTATIVE KREISS-TOMKINS asked, in terms of the physics of
earth and daylight, the differential between actual daylight and
what Alaska's time zone would be for Western Alaska if all of
Alaska were to successfully petition the U.S. Department of
Transportation to become part of Pacific Standard Time.
MS. SHINE responded that if this bill went into effect and
Alaska received a favorable decision from the U.S. Department of
Transportation to move the entire state to Pacific Standard Time
as Alaska's standard time, this would be the state's time zone.
She explained, that in March, Alaska went to daylight saving
time "and this would then be our standard time when the rest of
the states, there would be 47 that would fall off of daylight
saving time. They would shift back and we would stay on."
Therefore, she said, it would be one hour of daylight in the
evening rather than in the morning.
REPRESENTATIVE KREISS-TOMKINS followed up that across the world
there are time zones that generally correlate with daylight
hours. He pointed to Unalaska and asked, if all of Alaska were
to successfully move to Pacific Standard Time (PST), what the
time zone differential would be for the far western extremes of
Alaska.
MS. SHINE explained that previously, Alaska had four time zones
and it consolidated time zones in the early 1980s. When
determining the zenith of sun times, sun at high noon at each
point in Alaska, the state would probably have five time zone.
Therefore, far Western and Northern Alaska will be potentially
three or four hours off of their sun time. A counter-argument
to being off their sun time is the rate in which daylight is
lost and gained, and she offered to pass a chart to the
committee depicting lost and gained daylight.
9:04:55 AM
REPRESENTATIVE KREISS-TOMKINS asked Ms. Shine whether she had a
sense of other parts of the world where there may be such a
great differential between sun time and time zone.
CHAIR LYNN used the example of Russia.
MS. SHINE remarked she does not have research as to how other
countries have consolidated their time zones potentially into
one that would span three or four hours, but she will look into
it and get back to the committee.
9:05:28 AM
REPRESENTATIVE VAZQUEZ asked the current number of time zones in
Alaska.
MS. SHINE answered that there are two time zones. She related
that the Aleutian Islands are on the Hawaii-Aleutian Standard
Time Zone.
REPRESENTATIVE VAZQUEZ requested information as to how this bill
would affect those two time zones.
MS. SHINE responded they would move forward two hours under the
committee substitute.
REPRESENTATIVE VAZQUEZ asked whether she was speaking about the
Aleutian Islands.
MS. SHINE answered that is correct.
REPRESENTATIVE VAZQUEZ surmised that in moving forward with the
committee substitute, it would add one hour of daylight during
the evening, which would be one hour less of daylight in the
morning.
MS. SHINE agreed. She added that it would only be for the five
months in which the state currently goes back to its standard
time. Under this bill, she explained, if Alaska received a
favorable decision from the U.S. Department of Transportation,
"Alaska would shift to this time zone, and when the rest of the
United States shifted back, we would stay." Therefore, she
further explained, Alaska would have an hour of daylight in the
afternoon and not in the morning.
9:07:13 AM
REPRESENTATIVE VAZQUEZ asked for clarification that there would
be one more hour of daylight throughout the year or just
partially throughout the year.
MS. SHINE answered that it would be throughout the year, but she
clarified that Alaska would be shifting forward, which would be
the state's new standard time. The hour would be at the end of
the day but, she reiterated, the state would lose and gain
daylight at quite a rapid rate in different areas throughout the
state.
9:07:51 AM
REPRESENTATIVE KREISS-TOMKINS suggested exempting the Hawaii-
Aleutian Standard Time from also being shifted two hours, so
basically there would be just be a constant shift for all time
zones rather than that time zone being shifted two hours. He
asked whether the author of the committee substitute had
thoughts on his idea.
REPRESENTATIVE KELLER responded that the committee should hear
from the sponsor of the bill. He opined that Alaskans would be
most affected with regard to commerce and interactions outside
of Alaska.
MS. SHINE pointed out that the first version of trying to
petition the U.S. Department of Transportation included language
stating "all or part of the state." Thereby, giving the U.S.
Department of Transportation discretion in possibly moving part
of the state into Pacific Standard Time (PST). She opined that
this language was included because the sponsor's office had
heard from Southeast Alaska, such that in the 1980s, when Alaska
consolidated to two time zones, Southeast Alaska felt it had
already given up its hour because it was essentially on Pacific
Standard Time. She noted there are concerns with all of the
daylight being in the morning and not in the afternoon, and
concerns with commerce in that if Southeast Alaska were to move
forward and the road system stayed on Alaska Standard Time,
might renew a conversation, in the 1980s, of a potential capitol
move. She said that she has a history of time zones in Alaska
pointing to that issue. The sponsor did, at one point, have all
or part of the state give discretion on how the U.S. Department
of Transportation would draw the time zone lines within the
state, which could end up having two or three time zones, she
said.
9:10:22 AM
REPRESENTATIVE KREISS-TOMKINS clarified that he is interested in
honoring the existing time zone differential with two time
zones. It appears that the consequence of the committee
substitute would be to further consolidate Alaska into one time
zone perhaps to the detriment of the Aleutian Islands. He said
he would like to know what the people living on the Aleutian
Islands think about this proposal.
MS. SHINE explained that it is the process of the U.S.
Department of Transportation to hold hearings throughout the
state and hear from individuals and communities regarding the
time zone question. It would take into consideration how those
in the far reaching Aleutian Islands, as well as the people
living as far north as Barrow, would be affected.
The U.S. Department of Transportation would then make a
recommendation whether to change Alaska's time zones. She
opined there are some communities that prefer to be in one time
zone with the entirety of Alaska, and others communities believe
they could live in their own time zone and it wouldn't affect
them.
CHAIR LYNN related that he would like to see all of Alaska in
one time zone, whatever it may be.
9:11:51 AM
The committee took a brief at ease.
9:12:57 AM
REPRESENTATIVE VAZQUEZ observed an amendment was available that
would provide another trigger point.
9:14:35 AM
REPRESENTATIVE VAZQUEZ moved to adopt Conceptual Amendment 1,
which read as follows:
Page 2, line 9
Delete "on or before January 1, 2027"
Insert "after twenty-five states enact state law
exempting the state from 15 U.S.C. 260(a)"
CHAIR LYNN surmised there would be 25 or 26 states.
REPRESENTATIVE VAZQUEZ clarified that 25 states would have to
opt out.
9:14:49 AM
REPRESENTATIVE KELLER objected for purposes of discussion, and
advised he would like to hear from the sponsor.
9:16:22 AM
MS. SHINE opined that the intent [of SB 6] is that Alaska be
more uniform with at least half of the states. Currently, the
states of Hawaii and Arizona have exempted themselves from 15
U.S.C. 260(a), and she added that research from the National
Conference of State Legislatures (NCSL) last year indicates
there were 19 states considering some form of either eliminating
or adopting daylight saving time. The State of Arizona
continues to introduce the legislation to be uniform with its
surrounding states. She related that it is one more trigger
with one more hurdle, Senator MacKinnon is concerned about
health issues with the switching of daylight saving time going
on and off, which she spoke to last year.
9:16:16 AM
CHAIR LYNN asked whether the sponsor supports Conceptual
Amendment 1.
MS. SHINE answered that she would be cautious in including
something along these lines, because it would be one more hurdle
for the state to get away from (indisc.) the switching of
daylight saving time. She expressed an unwillingness to say
whether Senator MacKinnon did or did not support Conceptual
Amendment 1 without first speaking with her.
REPRESENTATIVE STUTES asked how many states opted out currently.
MS. SHINE reiterated that the states of Arizona and Hawaii have
opted out.
9:17:16 AM
REPRESENTATIVE TALERICO commented that he sees Conceptual
Amendment 1 as a substantial stumbling block in connecting
Alaska with the states of Washington, Oregon, and California in
a time zone. He then referred to the issue of advancing
telemedicine and distance delivery education, and making
[telemedicine] uniform throughout the State of Alaska.
Particularly, connecting with the West Coast, which has huge
advantages plus educational benefits, he pointed out. He asked
whether this might be a substantial delay in order for the
legislature to continue advancing that technology "that we're
all pretty connected with?"
REPRESENTATIVE VAZQUEZ emphasized it would not. She explained
that the Conceptual Amendment 1 would remove the timeframe "on
or before January 1, 2025" and provides another trigger point -
another mechanism if 25 states or more opt out.
9:18:37 AM
CHAIR LYNN asked Representative Vazquez to define "trigger
point."
REPRESENTATIVE VAZQUEZ indicated it is the opting out of 25
states from daylight saving time. She continued that this
provides more flexibility, because it would not necessarily rely
on the U.S. Department of Transportation, rather it would rely
on what 25 states or more may be doing as far as exempting
themselves.
CHAIR LYNN surmised that would potentially make it difficult to
do away with daylight saving time.
REPRESENTATIVE VAZQUEZ opined it would just provide an
alternative; it would not necessarily make it more difficult.
9:19:45 AM
REPRESENTATIVE KELLER maintained his objection to Conceptual
Amendment 1.
9:20:35 AM
A roll call vote was taken. Representative Vasquez voted in
favor of the motion to adopt Conceptual Amendment 1.
Representatives Talerico, Stutes, Keller, Spohnholz, Kreiss-
Tomkins, and Lynn voted against it. Therefore, Conceptual
Amendment 1 failed to be adopted by a vote of 1-6.
9:21:15 AM
REPRESENTATIVE KREISS-TOMKINS introduced Conceptual Amendment 2,
and referred to the previous discussion of a standard shifting
of time zones, specifically the Aleutian Islands. He turned to
SB 6, Version G, page 2, line 8, after the word "state," insert
"currently within Alaska Standard Time".
[The committee treated Conceptual Amendment 2 as having been
moved to be adopted.]
REPRESENTATIVE KELLER objected for discussion, and questioned
whether Conceptual Amendment 2 would put people on the Aleutian
Islands in a position that they have no option.
REPRESENTATIVE KELLER explained the U.S. Department of
Transportation will heed the interests of the people in those
communities as part of the process. He asked whether Conceptual
Amendment 2 would set it up so that the U.S. Department of
Transportation would have only one option, to change the portion
of Alaska in one time zone now. Thereby, he continued, the U.S.
Department of Transportation would not even have the option of
changing those communities in Alaska that are on Hawaii-Aleutian
Standard Time; Conceptual Amendment 2 appears to be limiting.
He stated he does not mind making it permissive, but he doesn't
want to put it in a box. Possibly, he said, it appears
Conceptual Amendment 2 is a limiting amendment in that it would
prevent them from being part of Alaska.
9:23:38 AM
REPRESENTATIVE KREISS-TOMKINS answered that the committee
substitute places "all of the state within the Pacific Standard
Time Zone," and it appears the legislation takes agency away
from those in the far west and taking them even farther away
from sunlight time. This would standardize any transition, he
said. Currently, there are two time zones and both would be
shifted proportionally one hour toward Pacific Standard Time.
The intent, he explained is that while most of Alaska is
shifting one hour toward Pacific Standard Time, those on Hawaii-
Aleutian Standard Time would just shift one hour, rather than
shifting two hours.
9:24:49 AM
REPRESENTATIVE KELLER said he would like to hear from the
sponsor.
CHAIR LYNN asked Representative Kreiss-Tompkins to restate
Conceptual Amendment 2.
REPRESENTATIVE KREISS-TOMKINS restated the wording of Conceptual
Amendment 2.
MS. SHINE surmised that consolidating to one time zone
Conceptual Amendment 2 would give the option to Hawaii-Aleutian
Standard Time of shifting one hour rather than two hours. She
suggested the language that "places all of the state within the
Pacific Standard Time" could read "all or part of the state".
She offered concern in "making the current two time zones have
those hard lines stay." In the event, the Aleutian Islands do
want to be part of the Pacific Standard Time Zone through the
U.S. Department of Transportation community meetings, this
language would potentially prohibit them. She opined that open
language, in the U.S. Department of Transportation petition,
allows the U.S. Department of Transportation to hold those
community meetings, and allows the voices of the communities to
be heard when considering drawing those lines. She reiterated
adding "all or part of the state" to address possible concern
about making the entire state change to Pacific Standard Time.
9:27:05 AM
REPRESENTATIVE KELLER noted that the drafter from Legislative
Legal and Research Services was available online.
REPRESENTATIVE KREISS-TOMKINS said that Ms. Shine is familiar
with the subject matter, and, presumably, had many conversations
over the last year with people across Alaska. He asked the
sentiment of the people in the Aleutian Islands. Based upon Ms.
Shine's suggestion, he said he wondered "if we were to
incorporate that, if that might inadvertently open the door for
time zone boundaries changing beyond what they are now,"
potentially parts of Alaska, such as Dillingham, Bethel, or
Anchorage getting Balkanized into a different time zone.
9:28:21 AM
MS. SHINE agreed that she has had many conversations and would
review her log as to whether her conversations were specifically
with anyone on the Aleutian Islands. She said she will get back
to the committee with that information.
REPRESENTATIVE KREISS-TOMKINS referred to Conceptual Amendment 2
and noted the committee did not know which communities had
spoken out on this issue; which could guide the committee. He
said that Version G appears to put communities in a box and take
away their prerogative to maintain their current relationship
with daylight. Whereas, he continued, Conceptual Amendment 2
would take a more conservative approach in maintaining the
status quo and effecting a one hour shift rather than a two-hour
shift.
9:30:05 AM
REPRESENTATIVE KELLER maintained his objection to Conceptual
Amendment 2. He asked that Ms. Susie Shutts, from Legislative
Legal and Research Services, enlighten the committee. He
referred to Version G, and reviewed that Conceptual Amendment 2
would insert the words on page 2, line 8, after the word "state"
insert "currently within the Alaska Time Zone" and opined it is
tied to how that fits with page 2 line 2, where the language is
"all of the state."
9:31:06 AM
SUSIE SHUTTS, Attorney, Legislative Legal Counsel, Legislative
Legal and Research Services, Legislative Affairs Agency (LAA),
pointed out that if a change is made on page 2, line 8, the
corresponding change would need to be made to page 2, line 2 to
indicate that the legislature would be petitioning the U.S.
Department of Transportation to move that same portion of the
state. Also, she opined the committee might want to consider
whether it would want to make a change to page 2, line 12, but
at least it would seem that there should be a mirroring of what
the legislature is petitioning the U.S. Department of
Transportation to move and what is contemplated that will be
moved under page 2, line 8.
9:32:22M
REPRESENTATIVE KELLER maintained his objection.
REPRESENTATIVE KREISS-TOMKINS withdrew his motion to adopt
Conceptual Amendment 2. He said there may be necessary
mirroring language to gracefully effect what he intends, which
is not to consolidate the current two time zones in Alaska into
one time zone.
9:33:32 AM
REPRESENTATIVE KELLER moved to report HCS CSSB 6(FIN), Version
G, out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, HCS CSSB
6(STA) was reported out of the House State Affairs Standing
Committee.