Legislature(1993 - 1994)

03/20/1993 08:00 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
             HOUSE STATE AFFAIRS STANDING COMMITTEE                            
                         March 20, 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                                                    
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Representative Bettye Davis                                                  
                                                                               
  OTHER HOUSE MEMBERS PRESENT                                                  
                                                                               
  Representative Jeannette James                                               
  Representative Terry Martin                                                  
  Representative Jim Nordlund                                                  
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  *HCR 16   Relating to establishing the coal policy of the                    
            state.                                                             
                                                                               
            MOVED FROM COMMITTEE WITH A DO PASS RECOMMENDATION                 
                                                                               
  *HB 46    "An Act relating to frequent traveler credit for                   
            state-paid travel."                                                
                                                                               
            HELD IN COMMITTEE FOR FURTHER CONSIDERATION                        
                                                                               
  *HB 148   "An Act exempting the University of Alaska from                    
            the administrative adjudication provisions of the                  
            Administrative Procedure Act; and providing for an                 
            effective date."                                                   
                                                                               
            HELD IN COMMITTEE FOR FURTHER CONSIDERATION                        
                                                                               
  *HCR 8    Proposing amendments to the Uniform Rules of the                   
            Alaska State Legislature relating to notice of                     
            committee meetings and action by committees; and                   
            providing for an effective date.                                   
                                                                               
            HELD IN COMMITTEE FOR FURTHER CONSIDERATION                        
                                                                               
  (* first public hearing)                                                     
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Representative Jeannette James                                               
  State Capitol, Room 510                                                      
  Juneau, Alaska  99801-1182                                                   
  465-3743                                                                     
  Position Statement: Delivered Sponsor Statement, HCR 16                      
                                                                               
  Representative Terry Martin                                                  
  State Capitol, Room 411                                                      
  Juneau, Alaska 99801-1182                                                    
  465-3783                                                                     
  Position Statement: Prime Sponsor, HB 46                                     
                                                                               
  Bruce Ludwig, Business Manager                                               
  APEA/AFT                                                                     
  211 4th Street                                                               
  Juneau, Alaska 88801                                                         
  586-2334                                                                     
  Position Statement: Opposed HB 46 and HB 148                                 
                                                                               
  Lois Foster                                                                  
  738 Forest Park Drive                                                        
  Ketchikan, Alaska 99901                                                      
  225-2829                                                                     
  Position Statement: Opposed HB 148                                           
                                                                               
  Sara Fisher, Legislative Aide                                                
    to Representative Gene Therriault                                          
  State Capitol, Room 421                                                      
  Juneau, Alaska 99801-1182                                                    
  465-4797                                                                     
  Position Statement: Delivered Sponsor Statement, HB 148                      
                                                                               
  Jake Warner                                                                  
  4000 Bull Moose Drive                                                        
  Wasilla, Alaska 99654                                                        
  376-4151                                                                     
  Position Statement: Opposed HB 148                                           
                                                                               
  Terry Bill                                                                   
  P.O. Box 6800                                                                
  Ketchikan, Alaska                                                            
  Position Statement: Opposed HB 148                                           
                                                                               
  Wendy Redman, Vice President                                                 
  University Relations, University of Alaska                                   
  910 Yukon Drive                                                              
  Fairbanks, Alaska  99775-5560                                                
  474-7582                                                                     
  Position Statement: Supported HB 148                                         
                                                                               
  Donna Chantry, President                                                     
  University of Alaska                                                         
  Employees General Assembly                                                   
  11120 Glacier Highway                                                        
  Juneau, Alaska 99801                                                         
  Position Statement: Supported HB 148                                         
                                                                               
  Representative Jim Nordlund                                                  
  State Capitol                                                                
  Court, Room 608                                                              
  Juneau, Alaska  99801-1182                                                   
  465-4968                                                                     
  Position Statement: Prime Sponsor, HCR 8                                     
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HCR 16                                                                
  SHORT TITLE:  ESTABLISH STATE COAL POLICY                                    
  BILL VERSION:                                                                
  SPONSOR(S):   RULES BY REQUEST OF HOUSE ECONOMIC TASK FORCE                  
  TITLE: Relating to establishing the coal policy of the                       
  state.                                                                       
  JRN-DATE     JRN-PG               ACTION                                     
  03/15/93       648    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/15/93       648    (H)   STATE AFFAIRS                                    
  03/20/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  BILL:  HB 46                                                                 
  SHORT TITLE:  STATE-PAID TRAVEL MILEAGE CREDITS                              
  BILL VERSION:                                                                
  SPONSOR(S):   REPRESENTATIVE(S) MARTIN                                       
  TITLE: "An Act relating to frequent traveler credit for                      
  state-paid travel."                                                          
  JRN-DATE     JRN-PG               ACTION                                     
  01/12/93        43    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/12/93        43    (H)   STATE AFFAIRS, TRANSPORTATION,                   
                              FINANCE                                          
  03/20/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  BILL:  HB 148                                                                
  SHORT TITLE:  EXEMPT U OF AK FROM APA PROCEDURES                             
  BILL VERSION:                                                                
  SPONSOR(S):   REPRESENTATIVE(S) THERRIAULT,Davies                            
  TITLE: "An Act exempting the University of Alaska from the                   
  administrative adjudication provisions of the Administrative                 
  Procedure Act; and providing for an effective date."                         
  JRN-DATE     JRN-PG               ACTION                                     
  02/11/93       322    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/11/93       322    (H)   STATE AFFAIRS, HES, JUDICIARY                    
  03/20/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  BILL:  HCR 8                                                                 
  SHORT TITLE:  COMMITTEE MEETINGS: NOTICE AND ACTIONS                         
  BILL VERSION:                                                                
  SPONSOR(S):   REPRESENTATIVE(S) NORDLUND,Olberg,Navarre,                     
  Ulmer,Sitton,B.Davis,Brown                                                   
  TITLE: Proposing amendments to the Uniform Rules of the                      
  Alaska State Legislature relating to notice of committee                     
  meetings and action by committees; and providing for an                      
  effective date.                                                              
  JRN-DATE     JRN-PG               ACTION                                     
  02/19/93       390    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/19/93       390    (H)   STATE AFFAIRS, JUDICIARY                         
  03/20/93              (H)   STA AT 08:00 AM CAPITOL 102                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-30, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN AL VEZEY called the House State Affairs Committee                   
  to order at 8:02 a.m., on March 20, 1993.  Members present                   
  included Representatives Kott, Sanders, Davis, Olberg and                    
  Ulmer, representing a quorum.  Also present were                             
  Representatives Terry Martin, Jeannette James, and Jim                       
  Nordlund.                                                                    
                                                                               
  HCR 16:  ESTABLISH STATE COAL POLICY                                         
                                                                               
  Number 019                                                                   
                                                                               
  CHAIRMAN VEZEY read the title to HCR 16 and asked if anyone                  
  was present who wished to present a sponsor statement.                       
                                                                               
  Number 028                                                                   
                                                                               
  REPRESENTATIVE JEANNETTE JAMES joined the committee at the                   
  table and explained she was presenting the Sponsor Statement                 
  on HCR 16 on behalf of the House Economic Development Task                   
  Force.  She stated Alaska's coal industry is being hampered                  
  by misperceptions that our resources are not available for                   
  exploitation.  She noted several outside buyers were                         
  concerned specifically with the availability of coal due to                  
  the mental health lands' dispute.  She explained the House                   
  Task Force is making an effort to correct the image that                     
  coal is not readily available, and that such a plan had been                 
  endorsed by the Alaska State Chamber of Commerce, the Alaska                 
  Coal Association and that the environmental community.                       
  There were no questions from the committee.                                  
                                                                               
  Number 080                                                                   
                                                                               
  REPRESENTATIVE PETE KOTT MOVED for unanimous consent to pass                 
  HCR 16 from committee.  There was no objection, and IT SO                    
  MOVED.                                                                       
                                                                               
  HB 46:  STATE-PAID TRAVEL MILEAGE CREDITS                                    
                                                                               
  CHAIRMAN VEZEY read the title to HB 46 and invited                           
  Representative Terry Martin to present the Sponsor                           
  Statement.                                                                   
                                                                               
  Number 114                                                                   
                                                                               
  REPRESENTATIVE TERRY MARTIN, PRIME SPONSOR OF HB 46, stated                  
  the decision facing the committee was a simple one:  Whether                 
  the mileage credits given by airlines are property of the                    
  state or state employees.  He noted Alaska is unique because                 
  our employees are not able to travel county to county as in                  
  other states, and the amount of air travel done here is far                  
  more substantial.  He advised state paid air travel is 7.3%                  
  of the total travel in Alaska, which, if mileage credits                     
  became state property, could account for $2.3 million in                     
  savings.                                                                     
                                                                               
  Number 191                                                                   
                                                                               
  REPRESENTATIVE FRAN ULMER noted Alaska Airlines had opposed                  
  such a plan earlier and asked if Representative Martin had                   
  spoken with the company.                                                     
                                                                               
  REPRESENTATIVE MARTIN replied in the negative, but knew the                  
  airline was still unwilling to go with the plan because it                   
  has a monopoly on state travel.                                              
                                                                               
  Number 215                                                                   
                                                                               
  REPRESENTATIVE ULMER stated because of that monopoly, it                     
  should make no difference to Alaska Airlines who got the                     
  credit unless there was a problem in setting up the state                    
  accounts for mileage.                                                        
                                                                               
  REPRESENTATIVE MARTIN stated Alaska Airlines may be                          
  benefitting from extra travel by state employees because                     
  they could benefit from getting such mileage.  He stated                     
  there is the possibility of cutting down on unneeded travel                  
  if the incentive was taken away, and said setting up                         
  departmental accounts should be no problem.                                  
                                                                               
  Number 272                                                                   
                                                                               
  CHAIRMAN VEZEY asked how the federal government handled                      
  mileage credits.                                                             
                                                                               
  REPRESENTATIVE MARTIN stated the federal accounts were                       
  regional, and that other major companies like BP and Arco                    
  had set up company wide accounts.  He stated the University                  
  of Alaska made it a point of honor for employees not to                      
  claim mileage.                                                               
                                                                               
  Number 296                                                                   
                                                                               
  REPRESENTATIVE ULMER stated it was apparent to her most                      
  states did not monitor mileage because it is not cost                        
  effective and not worth the trouble.                                         
                                                                               
  REPRESENTATIVE MARTIN restated that Alaska employees travel                  
  far more by air than any other state, and he saw nothing                     
  simpler than one state working with one airline to monitor a                 
  limited number of accounts.                                                  
                                                                               
  Number 380                                                                   
                                                                               
  BRUCE LUDWIG, BUSINESS MANAGER, ALASKA PUBLIC EMPLOYEES                      
  ASSOCIATION (APEA), opposed HB 46 and stated APEA members                    
  routinely traveled during non-working hours and spent                        
  several nights away from family, and the mileage credits are                 
  the only compensation for the inconvenience.  He also stated                 
  lawmakers are getting into collective bargaining when they                   
  approach this as a money source, since the union considers                   
  it a contractually agreed benefit.                                           
                                                                               
  Number 451                                                                   
                                                                               
  CHAIRMAN VEZEY asked Representative Martin about the Class B                 
  misdemeanor HB 46 mandated for those who violate it.  He                     
  expressed concern jail time for employees might counter the                  
  dollar savings HB 46 might provide.                                          
                                                                               
  REPRESENTATIVE MARTIN explained jail time probably would not                 
  be a factor often, and that it might be a fitting punishment                 
  anyway.                                                                      
                                                                               
  Number 476                                                                   
                                                                               
  CHAIRMAN VEZEY asked if the $2.3 million savings still might                 
  be offset by putting people in jail.                                         
                                                                               
  REPRESENTATIVE MARTIN reiterated he did not think that would                 
  be a large factor, and noted it was not fair for the                         
  administration to negotiate deals with the union and then                    
  expect legislators to fund them with no input.                               
                                                                               
  Number 511                                                                   
                                                                               
  REPRESENTATIVE ULMER replied that in past years, the                         
  legislature entered labor negotiations with disastrous                       
  results.  She reminded the committee the legislature ended                   
  that practice in 1971, and said returning to it would be a                   
  bad idea.                                                                    
                                                                               
  Number 529                                                                   
                                                                               
  REPRESENTATIVE MARTIN stated after 20 years, and with the                    
  current contracts in the condition they are, it might be a                   
  good time to reenter those negotiations.                                     
                                                                               
  Number 537                                                                   
                                                                               
  REPRESENTATIVE JERRY SANDERS, as a point of information,                     
  stated as a print shop owner, he would like it if all state                  
  employees submitted their printing jobs to his company, and                  
  said he might even consider a 7.5% kickback to them, just                    
  like the airline gives.                                                      
                                                                               
  REPRESENTATIVE MARTIN stated employees were getting other                    
  perks as well, including hotel benefits, and per diem for                    
  meals.                                                                       
                                                                               
  Number 554                                                                   
                                                                               
  REPRESENTATIVE KOTT asked if Representative Martin had any                   
  dialogue with the administration on getting a special rate                   
  from the airline as opposed to claiming the air miles.                       
                                                                               
  REPRESENTATIVE MARTIN said he had not, because he did not                    
  think he would get anywhere.  He pointed out the majority of                 
  air travel is done by upper level employees who might block                  
  such an idea.                                                                
                                                                               
  Number 568                                                                   
                                                                               
  REPRESENTATIVE KOTT asked why the airline might negotiate to                 
  set up mileage accounts for each department.                                 
                                                                               
  REPRESENTATIVE MARTIN explained there was no incentive, and                  
  there is no control on how much employees travel.                            
                                                                               
  Number 584                                                                   
                                                                               
  REPRESENTATIVE KOTT suggested instead of claiming air miles                  
  from employee travel, cutting the travel budget of each                      
  agency by the amount expected to be saved might be the                       
  solution.                                                                    
                                                                               
  Number 608                                                                   
                                                                               
  REPRESENTATIVE HARLEY OLBERG MOVED passage of HB 46.                         
                                                                               
  Number 610                                                                   
                                                                               
  REPRESENTATIVE KOTT asked the committee to check the                         
  statutes on the potential penalties for a Class B                            
  misdemeanor before taking a vote.                                            
                                                                               
  Number 617                                                                   
                                                                               
  CHAIRMAN VEZEY asked Representative Olberg to WITHDRAW his                   
  MOTION to allow a possible amendment.                                        
                                                                               
  REPRESENTATIVE OLBERG did so.                                                
                                                                               
  CHAIRMAN VEZEY then put the committee at ease.                               
                                                                               
  Number 630                                                                   
                                                                               
  CHAIRMAN VEZEY called the committee back to order and noted                  
  the penalty for a Class B misdemeanor is zero to 90 days.                    
                                                                               
  Number 641                                                                   
                                                                               
  REPRESENTATIVE KOTT asked what would happen if the airline                   
  refused to go along with the single account idea.                            
                                                                               
  Number 650                                                                   
                                                                               
  REPRESENTATIVE SANDERS replied other airlines would fill the                 
  void.                                                                        
                                                                               
  Number 660                                                                   
                                                                               
  REPRESENTATIVE OLBERG suggested leaving penalties up to a                    
  judge.                                                                       
                                                                               
  Number 662                                                                   
                                                                               
  CHAIRMAN VEZEY suggested leaving the penalty up to the                       
  administration.                                                              
                                                                               
  Number 670                                                                   
                                                                               
  REPRESENTATIVE GARY DAVIS suggested AMENDING HB 46 to DELETE                 
  section 2, paragraph b.                                                      
                                                                               
  REPRESENTATIVE OLBERG OBJECTED.                                              
                                                                               
  REPRESENTATIVE G. DAVIS felt agents responsible for issuing                  
  travel vouchers should be held accountable to just doing                     
  their job and be subject to penalties.                                       
                                                                               
  Number 690                                                                   
                                                                               
  REPRESENTATIVE OLBERG said after looking closer at HB 46, he                 
  interpreted it to read that penalties would be applied to                    
  employees of the airline.                                                    
                                                                               
  Number 692                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS said he now understood, and WITHDREW                 
  his MOTION.                                                                  
                                                                               
  TAPE 93-30, SIDE B                                                           
  Number 000                                                                   
                                                                               
  REPRESENTATIVE OLBERG MOVED passage of HB 46.                                
                                                                               
  Number 012                                                                   
                                                                               
  REPRESENTATIVE ULMER OBJECTED, saying mileage credits are                    
  covered under a collective bargaining agreement.                             
                                                                               
  Number 042                                                                   
                                                                               
  HB 46 FAILED to pass by a 3-3 vote, Representatives Vezey,                   
  Olberg and Sanders voting YES; Representatives Kott, G.                      
  Davis and Ulmer voting NO.                                                   
                                                                               
  HB 148:  EXEMPT U OF AK FROM APA PROCEDURES                                  
                                                                               
  Number 053                                                                   
                                                                               
  LOIS FOSTER testified by teleconference from Ketchikan in                    
  opposition to HB 148, and said university employees had                      
  fought long and hard for grievance procedures.  She also                     
  said the University was spending money to rid itself of                      
  procedures to weaken employees, and noted that while the                     
  University is taking personnel cuts, it is increasing the                    
  size of its legal staff.                                                     
                                                                               
  Number 097                                                                   
                                                                               
  CHAIRMAN VEZEY then called for a sponsor statement on HB
  148.                                                                         
                                                                               
  Number 103                                                                   
                                                                               
  SARA FISHER, LEGISLATIVE AIDE TO REPRESENTATIVE GENE                         
  THERRIAULT, PRIME SPONSOR OF HB 148, joined the committee                    
  and read the sponsor's statement.  She stated the University                 
  was never intended to be covered by the provisions of the                    
  Alaska Statute creating the Administrative Procedures Act                    
  (APA).  She said the APA was not designed for student or                     
  employee grievances, but rather for citizens' grievances                     
  against boards and commissions.  She noted the University is                 
  spending a great deal of money defending itself needlessly                   
  against APA filings.                                                         
                                                                               
  Number 145                                                                   
                                                                               
  JAKE WARNER testified by teleconference from Mat-Su in                       
  opposition to HB 148, saying as a parent of two university                   
  students, he felt exempting the University from the APA                      
  would lessen the ability of students to be heard.  He stated                 
  the University would be given more power over the appeals                    
  process, and students would previously have had a much                       
  tougher time gaining access to grievance procedures prior to                 
  the APA's application to the University.                                     
                                                                               
  Number 192                                                                   
                                                                               
  TERRY BILL testified by teleconference from Ketchikan and                    
  opposed HB 148.  He stated the University could not be                       
  trusted to protect its employees without the APA.  He cited                  
  the McGrath v. University of Alaska and Odum v. University                   
  of Alaska cases as proof.  He also said the University's                     
  claim that the APA costs too much was irrelevant.                            
                                                                               
  Number 230                                                                   
                                                                               
  BRUCE LUDWIG, BUSINESS MANAGER FOR APEA/AFT testified in                     
  opposition to HB 148.  He stated the APA sets a standard of                  
  conduct for administrative employees who review the cases,                   
  and removing that standard could allow abuse.  He also said                  
  that without the APA in place, the only redress employees                    
  might have would be a court case, which for most employees                   
  is not practical because of the cost.                                        
                                                                               
  Number 267                                                                   
                                                                               
  REPRESENTATIVE ULMER was under the impression there were                     
  dual systems in place:  The University's original grievance                  
  procedure, and the APA.  She asked why.                                      
                                                                               
  MR. LUDWIG stated classified employees are not satisfied                     
  with the grievance system and said many felt they would not                  
  get their "day in court" without the APA.                                    
                                                                               
  Number 290                                                                   
                                                                               
  CHAIRMAN VEZEY asked if the APA's procedures were tedious                    
  compared to the internal process.                                            
                                                                               
  MR. LUDWIG stated the APA process was fair but not tedious.                  
                                                                               
  Number 314                                                                   
                                                                               
  CHAIRMAN VEZEY stated it seemed the APA gave employees a                     
  right to what amounted to a jury trial in front of a hearing                 
  officer.                                                                     
                                                                               
  MR. LUDWIG stated the APA does give employees the right to                   
  such a hearing, but that it rarely happens.  He said                         
  usually, administrators hear the grievance themselves or                     
  hand it off to another personnel officer to hear.                            
                                                                               
  Number 356                                                                   
                                                                               
  REPRESENTATIVE ULMER stated it seemed that employees'                        
  biggest concerns are who does the grievance hearings, and                    
  how the hearing is done.  She asked if there is a compromise                 
  possible for employees and the University to agree upon.                     
                                                                               
  MR. LUDWIG knew of no discussions on such a compromise.                      
                                                                               
  Number 383                                                                   
                                                                               
  WENDY REDMAN, VICE PRESIDENT OF UNIVERSITY RELATIONS FOR THE                 
  UNIVERSITY SYSTEM joined the discussion in support of HB
  148. She stated Mr. Ludwig's group, APEA/AFT, was not a                      
  recognized bargaining unit for university employees, and                     
  they were only involved in early discussions with about 20                   
  mechanical employees in the system.  She went on to say that                 
  university employees have worked under the old grievance                     
  system for several years, and only after Judge Brian                         
  Shortell ordered the university to use the APA's procedures                  
  in the Odum case were they modified.                                         
                                                                               
  MS. REDMAN stated the University had no interest in                          
  dismantling the grievance procedure, but wanted to clarify                   
  the procedures as the Supreme Court later ordered in the                     
  Odum case.  She also stated the APA's procedures were costly                 
  to the University, and pointed out employers under the APA                   
  bear the entire cost of holding such hearings.  She said the                 
  APA was never intended for employees under the original                      
  intent of the statutes.                                                      
                                                                               
  Number 515                                                                   
                                                                               
  REPRESENTATIVE ULMER asked if HB 148 passed, what guarantee                  
  would be given to employees to have their grievances heard.                  
                                                                               
  Number 526                                                                   
                                                                               
  MS. REDMAN stated the University and the employees' assembly                 
  had been working on a grievance procedure for more than two                  
  years, and if that plan is adopted by the regents, the                       
  grievance procedure would likely return as written by the                    
  employees' assembly prior to the APA decision.                               
                                                                               
  Number 543                                                                   
                                                                               
  REPRESENTATIVE ULMER felt there were a number of employees                   
  who did not like the idea of returning to the old                            
  procedures.                                                                  
                                                                               
  Number 553                                                                   
                                                                               
  MS. REDMAN stated the APA's procedures had been in effect                    
  for slightly more than two years, and she felt confident                     
  employees would return to the old procedures.                                
                                                                               
  Number 565                                                                   
                                                                               
  CHAIRMAN VEZEY knew of no other employer who subscribed to                   
  the APA's style procedures, including the use of an outside                  
  hearing officer.                                                             
                                                                               
  Number 585                                                                   
                                                                               
  DONNA CHANTRY, PRESIDENT OF THE UNIVERSITY EMPLOYEES GENERAL                 
  ASSEMBLY joined the committee to testify for HB 148.  She                    
  stated university employees are not represented by any                       
  union.  She said as president of the assembly, she went                      
  through every grievance procedure with every claimant, and                   
  knew the procedure well.  She said most of the time,                         
  problems are easily resolved even if an employee has a                       
  grievance.  She stated under the procedures, an employee's                   
  supervisor or the other party is usually called in, and the                  
  problem can usually be solved.                                               
                                                                               
  MS. CHANTRY said under this system, employees have had great                 
  success with grievances, and the system was working very                     
  well.  If HB 148 is passed, she said the assembly was                        
  prepared to devise and pass a formal hearing option for                      
  employees to pursue in place of the APA procedures.   She                    
  stated removing the APA from university procedures is                        
  fiscally wise in the face of budget restraints, and she                      
  urged the committee to pass the bill.                                        
                                                                               
  Number 674                                                                   
                                                                               
  CHAIRMAN VEZEY asked when the assembly might move on such a                  
  procedure if HB 148 is passed.                                               
                                                                               
  Number 676                                                                   
                                                                               
  MS. CHANTRY stated the assembly would move quickly upon HB
  148's passage.                                                               
                                                                               
  Number 692                                                                   
                                                                               
  REPRESENTATIVE ULMER MOVED to AMEND HB 148 to make the                       
  resulting law effective when the assembly and then the                       
  regents adopt the plan.                                                      
                                                                               
  Number 696                                                                   
                                                                               
  CHAIRMAN VEZEY asked if removing the APA from the                            
  University's procedures might have an effect elsewhere                       
  beside labor relations.                                                      
                                                                               
  TAPE 93-31, SIDE A                                                           
  Number 000                                                                   
                                                                               
  MS. REDMAN replied, "It might."                                              
                                                                               
  Number 012                                                                   
                                                                               
  CHAIRMAN VEZEY expressed concern that Representative Ulmer's                 
  proposed effective date might be too ambiguous.                              
                                                                               
  Number 028                                                                   
                                                                               
  REPRESENTATIVE ULMER stated it would not be a problem, since                 
  previous legislation tied effective dates to actions outside                 
  the legislature's control, such as appropriations.                           
                                                                               
  Number 46                                                                    
                                                                               
  CHAIRMAN VEZEY noted HB 148 does not apply to situations                     
  like receiving checks, and stated it could eventually                        
  involve labor groups and the National Labor Relations Board.                 
                                                                               
  Number 060                                                                   
                                                                               
  REPRESENTATIVE ULMER did not see the problem, since the                      
  University and the regents wanted it, and so did the                         
  employees.                                                                   
                                                                               
  Number 064                                                                   
                                                                               
  REPRESENTATIVE OLBERG felt the standard effective date of 90                 
  days might be acceptable.                                                    
                                                                               
  Number 075                                                                   
                                                                               
  REPRESENTATIVE ULMER stated the 90 day limit might create a                  
  window between the abolition of the APA's procedures and the                 
  time when the new procedures are in place.                                   
                                                                               
  Number 121                                                                   
                                                                               
  REPRESENTATIVE OLBERG stated the old procedures would be in                  
  place anyway, with the exception of the APA.                                 
                                                                               
  Number 132                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS was in favor of the amendment, and                   
  had no problem accommodating people nervous about the                        
  changeover.                                                                  
                                                                               
  Number 145                                                                   
                                                                               
  MS. FISHER stated Representative Therriault would have no                    
  problem with the change in the effective date.                               
                                                                               
  Number 170                                                                   
                                                                               
  REPRESENTATIVE KOTT MOVED acceptance of the AMENDMENT.                       
                                                                               
  Number 192                                                                   
                                                                               
  The AMENDMENT to HB 148 PASSED by a 4-2 vote.                                
                                                                               
  Number 196                                                                   
                                                                               
  REPRESENTATIVE KOTT MOVED passage of HB 143, as amended.                     
                                                                               
  REPRESENTATIVE OLBERG OBJECTED.  HB 148, as amended, PASSED                  
  4-2.                                                                         
                                                                               
  Number 199                                                                   
                                                                               
  CHAIRMAN VEZEY noted the Committee Substitute to HB 148                      
  would be drawn up as amended and then moved.                                 
                                                                               
  Number 216                                                                   
                                                                               
  REPRESENTATIVE OLBERG RESTATED his OBJECTION.                                
                                                                               
  Number 229                                                                   
                                                                               
  CHAIRMAN VEZEY CHANGED his VOTE, which forced a tie.  HB
  148, as amended, was NOT MOVED from committee.                               
                                                                               
  HCR 8:  COMMITTEE MEETINGS: NOTICE AND ACTIONS                               
                                                                               
  Number 240                                                                   
                                                                               
  CHAIRMAN VEZEY read the title to HCR 8 and invited its                       
  sponsor, Representative Jim Nordlund to deliver his                          
  statement.                                                                   
                                                                               
  Number 245                                                                   
                                                                               
  REPRESENTATIVE JIM NORDLUND, PRIME SPONSOR OF HCR 8,                         
  explained the intent of the resolution to streamline the                     
  committee process.  He said most committees are already                      
  following the practices laid down by HCR 8, but the                          
  procedures need to be formalized.  HCR 8 would establish a                   
  Wednesday rule for committee reporting of the following                      
  week's calendar, and then a publication date of Thursday by                  
  the clerk.  HCR 8 would also establish a notification                        
  procedure for introducing new bills and the date of the next                 
  hearing on already-heard bills.  At the same time, HCR 8                     
  would allow full participation, including voting and signing                 
  of reports by those attending by teleconference.                             
                                                                               
  Number 405                                                                   
                                                                               
  CHAIRMAN VEZEY expressed his concern with section two, which                 
  would allow full participation and voting in the meeting,                    
  and asked if that might also allow someone who might not                     
  attend a full meeting to sign a committee report as if they                  
  had.                                                                         
                                                                               
  Number 424                                                                   
                                                                               
  REPRESENTATIVE NORDLUND did not believe so, but said he                      
  would be open to amending HCR 8 to please the committee.  He                 
  stated his prime concern was to make the legislature more                    
  accessible to people outside of Juneau.  He also pointed out                 
  HCR 8's intent to allow only bills to be introduced by a                     
  majority of a committee.                                                     
                                                                               
  Number 472                                                                   
                                                                               
  REPRESENTATIVE KOTT asked if Representative Nordlund had                     
  ever been prevented from speaking on a bill introduced by                    
  the majority.                                                                
                                                                               
  Number 475                                                                   
                                                                               
  REPRESENTATIVE NORDLUND said that had never happened.                        
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  Number 480                                                                   
                                                                               
  CHAIRMAN VEZEY noted the time, and told the committee HCR 8                  
  would have to be heard at another time, since other                          
  committees were near their convening time.  He adjourned the                 
  meeting at 10:07 a.m.                                                        

Document Name Date/Time Subjects