03/23/1993 01:30 PM House CRA

  HB 206:  ELECTIONS AND ELECTRIC COOP ELECTIONS                               
                                                                               
  Number 414                                                                   
                                                                               
  REPRESENTATIVE ELDON MULDER, PRIME SPONSOR OF HB 206,                        
  testified on the two new work drafts he supplied the                         
  committee.  He said, "(The CS with) the last letter K does                   
  not include the amendment as proposed by Representative                      
  Davies.  It does, however, include the amendment by APOC                     
  (Alaska Public Offices Commission).  (The CS with) the                       
  letter O includes both the APOC amendment as well as                         
  Representative Davies' amendment.  The APOC amendment                        
  requires that APOC be notified by the appropriate clerk, to                  
  let them know who the list of candidates are.  I consider                    
  that to be a friendly amendment."                                            
                                                                               
  REPRESENTATIVE MULDER continued, "The Davies' amendment,                     
  includes the stipulation that these cooperatives could opt                   
  out of APOC regulation by a vote of their membership.  After                 
  deliberation, with the individual that actually wrote the                    
  amendment, I concluded that for the spirit and the intent of                 
  the legislation as I drafted it, I would not consider that                   
  to be friendly, in that it should be uniformly addressed and                 
  put to every organization."  He then recommended the                         
  committee adopt the CS for HB 206 numbered 8-LS0686\K.                       
                                                                               
  Number 443                                                                   
                                                                               
  REPRESENTATIVE TOOHEY made the MOTION to ADOPT the 8-                        
  LS0686\K CS as the committee's working draft.                                
                                                                               
  REPRESENTATIVE JOHN DAVIES OBJECTED and said, "There are                     
  many different kinds of communities around this state.  This                 
  would make it mandatory for every community around the state                 
  to be under the APOC regulations.  Some of these problems in                 
  the smaller areas of the state where this might still apply,                 
  however, more than 10,000 customers, have relatively                         
  informal elections.  There aren't large power groups out                     
  there manipulating to control things.  So I think by having                  
  the option to opt out, we would allow the communities to                     
  tailor according to their own likes, what kind of public                     
  process they want."                                                          
                                                                               
  REPRESENTATIVE MULDER said, "We do make an allowance with                    
  the 10,000 customer threshold which, coincidentally, is                      
  probably larger than any of our house districts, in terms of                 
  voting populations...  There are only five rural electric                    
  cooperatives that are included and one municipal telephone                   
  cooperative that is included in that membership."                            
                                                                               
  REPRESENTATIVE TOOHEY gave an example where HB 206 would                     
  have alleviated some problems and been beneficial.                           
                                                                               
  A roll call vote was taken.  Representatives Williams,                       
  Toohey, Olberg and Sanders voted to ADOPT the 8-LS0686\K CS.                 
  Representative Davies voted NO.  The MOTION CARRIED.                         
                                                                               
  Number 510                                                                   
                                                                               
  REPRESENTATIVE DAVIES said, "It's not my experience that                     
  this is a problem and it seems to me this just adds an                       
  unnecessary level of bureaucracy and control.  There's no                    
  problem to be solved here in other areas of the state."  He                  
  then MOVED that "everywhere the figure 10,000 appears in                     
  this bill, as it applies to the number of customers, that it                 
  be amended to 50,000."                                                       
                                                                               
  CHAIRMAN OLBERG said, "I've made some inquiries about,                       
  thinking along those very same lines, and it turns out...the                 
  problem that we're attempting to address is, in fact, Homer.                 
  And Homer is unfortunately, 18,173 (members)."  He then                      
  OBJECTED to Representative Davies' PROPOSED AMENDMENT.                       
                                                                               
  A roll call vote was taken on whether to adopt                               
  Representative Davies most current amendment.                                
  Representatives Williams, Toohey, Olberg, Sanders and Bunde                  
  voted NO.  Representative Davies voted YES.  The MOTION                      
  FAILED.                                                                      
                                                                               
  Number 556                                                                   
                                                                               
  REPRESENTATIVE WILLIAMS MOVED that the 8-LS0686\K CS for HB
 be moved out of committee with individual                                
  recommendations.  There were no objections, and the MOTION                   
  CARRIED.                                                                     
                                                                               
  CHAIRMAN OLBERG called a brief at ease between 2:15 and 2:17                 
  p.m.