Legislature(1997 - 1998)

05/10/1997 10:00 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                      HOUSE FINANCE COMMITTEE                                  
                           May 10, 1997                                        
                            10:00 A.M.                                         
                                                                               
 TAPE HFC 97-135, Side 1, #000 - end.                                          
 TAPE HFC 97-135, Side 2, #000 - end.                                          
 TAPE HFC 97-136, Side 1, #000 - end.                                          
                                                                               
 CALL TO ORDER                                                                 
                                                                               
 Co-Chair Hanley called the House Finance Committee meeting to order           
 at 10:00 a.m.                                                                 
                                                                               
 PRESENT                                                                       
                                                                               
 Co-Chair Hanley               Representative Kelly                            
 Co-Chair Therriault           Representative Kohring                          
 Representative Davies         Representative Martin                           
 Representative Davis          Representative Moses                            
 Representative Foster         Representative Mulder                           
 Representative Grussendorf                                                    
                                                                               
 ALSO PRESENT                                                                  
                                                                               
 Nico Bus, Acting Director, Support Services Division, Department of           
 Natural Resources; Kurt Parkan, Deputy Commissioner, Department of            
 Transportation and Public Facilities; Glenda Straube, Director,               
 Child Support Enforcement Division, Department of Health & Social             
 Services; John Bitney, Alaska Housing Finance Corporation; Myrna              
 Maynard, Staff, Senator Pearce; Ed Flanagan, Deputy Commissioner,             
 Department of Labor; Art Chance, Contract, Senate Finance                     
 Committee.                                                                    
                                                                               
 SUMMARY                                                                       
                                                                               
 SB 107    "An Act making and amending capital and other                       
           appropriations and to capitalize funds; and providing for           
           an effective date."                                                 
                                                                               
           SB 107 was HELD in Committee for further consideration.             
                                                                               
 SB 151    "An Act relating to public employment labor relations;              
           relating to the protection of the rights of public                  
           employees under the Public Employment Relations Act;                
           establishing ethical standards for union representatives            
           of public employees; and establishing disclosure                    
           requirements for public employee labor organizations."              
                                                                               
           SB 151 was HELD in Committee for further consideration.             
                                                                               
 SB 154    "An Act relating to paternity determination and child               
           support; relating to reporting of and access to financial           
           or other information for child support purposes; making             
           changes to laws relating to occupational, recreational,             
           or other licenses, permits, certificates, or other                  
           authorizations issued by the state to facilitate                    
           administration of child support laws; relating to the               
           interest rate on judgments or decrees for child support;            
           relating to immunity from civil liability for good faith            
           compliance with reporting or other requirements for child           
           support purposes; relating to voiding fraudulent                    
           transfers and to penalties for noncompliance with orders            
           for child support purposes; amending Rules 4, 5, 35, 52,            
           58, 60(b), 78, 90.1, and 90.3, Alaska Rules of Civil                
           Procedure; amending Rule 901, Alaska Rules of Evidence;             
           amending Rules 3 and 5, Alaska Bar Association Rules;               
           repealing the effective date of sec. 45, ch. 107, SLA               
           1996; and providing for an effective date."                         
                                                                               
           CSSB 154 (FIN)am was reported out of Committee with "no             
           recommendation" and with a new fiscal impact note by the            
           Alaska Court System, and with six zero fiscal notes,                
           three by the Department of Health & Social Services, one            
           by the Department of Administration, one by the                     
           Department of Revenue, and one by the Department of                 
           Revenue, all dated 4/29/97.                                         
                                                                               
 SENATE BILL NO. 107                                                           
                                                                               
      "An Act making and amending capital and other appropriations             
      and to capitalize funds; and providing for an effective date."           
                                                                               
 Representative Grussendorf Held Amendment 25.                                 
                                                                               
 Representative Davies MOVED to adopt Amendment 26 (copy on file).             
 Representative Kohring OBJECTED.  Representative Davies explained             
 that Amendment 26 would appropriate $1.5 million dollars from the             
 Investment Loss Trust Fund for a ice arena in the North Pole area.            
 He spoke in support of the amendment.  He noted that the Fairbanks            
 North Star Borough has already spent $200 thousand dollars for                
 planning.  The Fairbanks North Star Borough has pledged another $2            
 million dollars for the facility.                                             
                                                                               
 Co-Chair Therriault noted that Amendment 1 appropriates $210                  
 thousand dollars to complete design of the project.  He expressed             
 support for the project.                                                      
                                                                               
 A roll call vote was taken on the MOTION to adopt Amendment 26.               
                                                                               
 IN FAVOR: Moses, Davies, Grussendorf, Therriault                              
 OPPOSED:  Mulder, Davis, Foster, Kelly, Kohring, Martin, Hanley               
                                                                               
 The MOTION FAILED (4-7).                                                      
                                                                               
 Representative Davies MOVED to adopt Amendment 27 (copy on file).             
 He explained that the amendment would add $500 thousand dollars in            
 the Department of Environmental Conservation, Operation and                   
 Maintenance Capacity Development.                                             
                                                                               
 A roll call vote was taken on the MOTION to adopt Amendment 27.               
                                                                               
 IN FAVOR: Davies, Grussendorf, Moses                                          
 OPPOSED:  Davis, Foster, Kelly, Kohring, Mulder, Therriault,                  
           Hanley                                                              
                                                                               
 Representative Martin was absent for the vote.                                
                                                                               
 The MOTION FAILED (3-7).                                                      
                                                                               
 Representative Grussendorf Held Amendment 28.                                 
                                                                               
 Representative Davies MOVED to adopt Amendment 29 (copy on file).             
 He noted that the amendment would appropriate $1 million dollars              
 for at risk programs.  He stressed that the success rate of the               
 program is 85 percent.  He pointed out that it is cheaper to                  
 support the At Risk Program than to pay for incarceration.                    
                                                                               
 Co-Chair Hanley noted that $250 thousand dollars is contained in              
 the budget for the program.  He observed that federal funding is in           
 question.  He noted that discussion will be needed to determine if            
 the  State will fund the program without the addition of federal              
 funds.                                                                        
                                                                               
 A roll call vote was taken on the MOTION to adopt Amendment 29.               
                                                                               
 IN FAVOR: Davies, Grussendorf, Moses                                          
 OPPOSED:  Davis, Foster, Kelly, Kohring, Mulder, Therriault,                  
           Hanley                                                              
                                                                               
 Representative Martin was absent for the vote.                                
                                                                               
 The MOTION FAILED (3-7).                                                      
                                                                               
 Representative Grussendorf MOVED to adopt Amendment 30 (copy on               
 file).  Representative Kohring objected.  Representative                      
 Grussendorf explained that the amendment would appropriate $120               
 thousand dollars for design of a Juneau Armory and Organizational             
 Maintenance Shop.  He noted that there will be $6.3 million dollars           
 in federal funds in the next year.  He noted that the current                 
 armory is on Mental Health Trust land.                                        
                                                                               
 Co-Chair Hanley questioned if federal funding is available.                   
                                                                               
 Representative Grussendorf noted that a three-way land swap is                
 under consideration.                                                          
                                                                               
 NICO BUS, ACTING DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES,               
 DEPARTMENT OF NATURAL RESOURCES explained that a site has been                
 identified at seven mile, Glacier Highway.  He stressed that design           
 funding is needed to obtain federal funding.                                  
                                                                               
 Representative Mulder expressed support for the project.  He                  
 suggested that funding would be available in the supplemental                 
 budget.                                                                       
                                                                               
 A roll call vote was taken on the MOTION to adopt Amendment 30.               
                                                                               
 IN FAVOR: Davies, Grussendorf, Moses                                          
 OPPOSED:  Davis, Foster, Kelly, Kohring, Martin, Mulder                       
                                                                               
 Co-Chair Hanley and Co-Chair Therriault were absent for the vote.             
                                                                               
 The MOTION FAILED (3-6).                                                      
                                                                               
 Representative Davies MOVED to adopt Amendment 31 (copy on file).             
 He explained that the amendment would restore funding for the                 
 Aviation Program.  He pointed out that the operators approved the             
 development plan.  He emphasized that the amendment would restore             
 a number of terminal rehabilitation projects to the level proposed            
 by the operators.  He stressed that life and safety issues are                
 involved.  He noted that the appropriation would be from airport              
 funds approved by the operators.                                              
                                                                               
 Representative Martin expressed concern with the impact of feeder             
 lines.  He suggested that the Legislative Budget and Audit                    
 Committee look at the issue.                                                  
                                                                               
 Representative Davies noted that the amendment would rehabilitate             
 existing terminals.  He maintained that there is no justification             
 for legislative action.                                                       
                                                                               
 KURT PARKAN, DEPUTY COMMISSIONER, DEPARTMENT OF TRANSPORTATION AND            
 PUBLIC FACILITIES noted that the proposed projects are consistent             
 with the operating agreement between the state and the airlines.              
 Projects are discussed and voted on by the carriers.  He stressed             
 that this item is an on-going appropriation to address life and               
 safety needs.  He noted that automatic doors at the Anchorage                 
 Airport have a tendency to shut on passengers.  He maintained that            
 there are problems with fire doors and sprinkler systems.                     
                                                                               
 In response to a question by Representative Mulder, Mr. Parkan                
 observed that a technical subcommittee group reviews projects and             
 makes recommendations.  He acknowledged that not all of the                   
 projects were supported by a majority of the members.   A project             
 must be opposed by two-thirds of the members to be vetoed.                    
 Representative Mulder noted that some of the proposals are                    
 controversial and at least one project was passed by a minimum of             
 votes.                                                                        
                                                                               
 In response to a question by Representative Davis, Mr. Parkan                 
 explained that there is an extensive public process.  He added that           
 there are life and safety issues that need to be addressed.                   
                                                                               
 Representative Martin maintained that Amendment 31 is a duplicate             
 of Amendment 7.                                                               
                                                                               
 Representative Davies clarified that Amendment 31 would restore the           
 plan adopted by the operators.                                                
                                                                               
 Co-Chair Hanley summarized that projects are proposed by the                  
 airport management.  Projects are adopted unless two-thirds of the            
 signatories oppose the project.                                               
                                                                               
 Mr. Parkan clarified that Amendment 31 pertains to rehabilitation             
 projects.   He noted that Amendment 7 addressed the concourse C               
 expansion.  He agreed that the interim would be a good time to                
 discuss needs for a new terminal with the Legislative Budget and              
 Audit Committee.                                                              
                                                                               
 (Tape Change, HFC 97-135, Side 2)                                             
                                                                               
 Representative Davies referred to a letter by FedEx dated May 8,              
 1997 (copy on file).  Mr. Wheeler, Vice President, Global Trade               
 Services, FedEx expressed concern that legislative activity                   
 threatens the "integrity of the long-standing and well-accepted               
 process set forth in the Airline Operating Agreement and Terminal             
 Building Lease for developing these capital plans."  He urged that            
 adequate funding be authorized to maintain critical economic                  
 development elements at the Anchorage and Fairbanks airports.                 
                                                                               
 A roll call vote was taken on the MOTION to adopt Amendment 31.               
                                                                               
 IN FAVOR: Davies, Grussendorf, Kelly, Moses                                   
 OPPOSED:  Davis, Foster, Kohring, Martin, Mulder, Therriault,                 
           Hanley                                                              
                                                                               
 The MOTION FAILED (4-7).                                                      
                                                                               
 Representative Grussendorf MOVED to adopt Amendment 32 (copy on               
 file).  He explained that the amendment would fund $600 thousand              
 dollars for a coal bed methane drilling test project in ED 36.  He            
 spoke in support of the amendment.  He emphasized that the project            
 could benefit economic development in rural Alaska.  He noted that            
 the project would be in the Fort Yukon area.                                  
                                                                               
 Representative Davies noted that the Division of Geology and                  
 Geological Survey has locate a test site.                                     
                                                                               
 Representative Kohring spoke in support of the project, but                   
 expressed concern with the funding source.                                    
                                                                               
 A roll call vote was taken on the MOTION to adopt Amendment 32.               
                                                                               
 IN FAVOR: Davies, Grussendorf, Moses                                          
 OPPOSED:  Davis, Foster, Kelly, Kohring, Martin, Therriault,                  
           Hanley                                                              
                                                                               
 Representative Mulder was absent from the vote.                               
                                                                               
 The MOTION FAILED (3-7).                                                      
                                                                               
 Representative Davies MOVED to adopt Amendment 33 (copy on file).             
 Representative Martin objected.  He maintained that the subject is            
 out of order.   Representative Davies noted that a previous                   
 amendment addressed the Alaska Craftsman Home Program.   Amendment            
 33 would address low income housing weatherization.  He spoke in              
 support of the amendment.  He emphasized that the program has been            
 in operation for many years.  He noted that money spent on                    
 weatherization can reduce heating costs.                                      
                                                                               
 A roll call vote was taken on the MOTION to adopt  33.                        
                                                                               
 IN FAVOR: Davies, Grussendorf, Moses                                          
 OPPOSED:  Davis, Foster, Kelly, Kohring, Martin, Therriault,                  
           Hanley                                                              
                                                                               
 Representative Mulder was absent from the vote.                               
                                                                               
 The MOTION FAILED (3-7).                                                      
                                                                               
 Amendment 34 was not moved.                                                   
                                                                               
 Representative Davies MOVED to adopt Amendment 35 (copy on file).             
 Co-Chair Hanley OBJECTED.  Representative Davies explained that               
 Amendment 35 would restore funding for the Senior Citizens' Housing           
 Development Program as proposed by the Governor by deleting grants            
 to named recipients.                                                          
                                                                               
 JOHN BITNEY, ALASKA HOUSING FINANCE CORPORATION explained that non-           
 profit organizations apply each and every year.  Projects are                 
 scored individually each year.  He noted that the Senate added four           
 designated grants to fund projects that applied but would not have            
 been funded in FY 97.  Projects not funded in FY 97 would compete             
 in FY 98.                                                                     
                                                                               
 Co-Chair Hanley noted that the projects would have been supported             
 if additional funding was appropriated.                                       
                                                                               
 Mr. Bitney noted that there is a question about the viability of              
 some of the projects.  He stressed that there are no funds for any            
 competitive programs in FY 98 to develop new applications for on-             
 going years.                                                                  
                                                                               
 Representative Martin spoke in support of Amendment 35.                       
                                                                               
 A roll call vote was taken on the MOTION to adopt Amendment 35.               
                                                                               
 IN FAVOR: Davies, Grussendorf, Kohring, Martin, Moses                         
 OPPOSED:  Davis, Foster, Kelly, Mulder, Therriault, Hanley                    
                                                                               
 The MOTION FAILED (5-6).                                                      
                                                                               
 Representative Grussendorf MOVED to adopt Amendment 36 (copy on               
 file).  Co-Chair Hanley OBJECTED.  Representative Grussendorf spoke           
 in support of Amendment 36.  Amendment 36 would allocated $1.2                
 million dollars for modifications on the Malaspina ferry.  He noted           
 that new funding is anticipated.  He emphasized that other projects           
 would not be affected.                                                        
                                                                               
 Co-Chair Hanley spoke against the amendment.  He maintained that              
 the new ferry has taken $80 million dollars in federal funds away             
 from other areas of the state.  He noted that the new ferry was               
 presented as a replacement vessel.  He stated that more discussion            
 is needed.                                                                    
                                                                               
 A roll call vote was taken on the MOTION to adopt Amendment 36.               
                                                                               
 IN FAVOR: Davies, Grussendorf, Moses                                          
 OPPOSED:  Davis, Foster, Kelly, Kohring, Martin, Mulder, Hanley               
                                                                               
 The MOTION FAILED (3-7).                                                      
                                                                               
 SB 107 was HELD in Committee for further consideration.                       
                                                                               
 SENATE BILL NO. 154                                                           
                                                                               
      "An Act relating to paternity determination and child support;           
      relating to reporting of and access to financial or other                
      information for child support purposes; making changes to laws           
      relating to occupational, recreational, or other licenses,               
      permits, certificates, or other authorizations issued by the             
      state to facilitate administration of child support laws;                
      relating to the interest rate on judgments or decrees for                
      child support; relating to immunity from civil liability for             
      good faith compliance with reporting or other requirements for           
      child support purposes; relating to voiding fraudulent                   
      transfers and to penalties for noncompliance with orders for             
      child support purposes; amending Rules 4, 5, 35, 52, 58,                 
      60(b), 78, 90.1, and 90.3, Alaska Rules of Civil Procedure;              
      amending Rule 901, Alaska Rules of Evidence; amending Rules 3            
      and 5, Alaska Bar Association Rules; repealing the effective             
      date of sec. 45, ch. 107, SLA 1996; and providing for an                 
      effective date."                                                         
                                                                               
 GLENDA STRAUBE, DIRECTOR, DIVISION OF CHILD SUPPORT ENFORCEMENT               
 (CSED), DEPARTMENT OF HEALTH AND SOCIAL SERVICES explained that SB
 154 represents the minimal change needed to comply with federal               
 mandates for welfare reform.  She emphasized that the Child Support           
 Enforcement Division could lose all of its federal funding if the             
 legislation is not enacted.  She added that the state Public                  
 Assistance Block Grant could be reduced by $3.2 million dollars if            
 the legislation is not passed.                                                
                                                                               
 Representative Martin suggested that the state allow the federal              
 government to run the program.                                                
                                                                               
 Ms. Straube noted that the program is funded primarily by the                 
 federal government.                                                           
                                                                               
 Representative Mulder summarized that the legislation is the lowest           
 common denominator to match federal requirements.  He questioned if           
 federal requirements are reasonable.  Ms. Straube stated that                 
 federal requirements aimed at getting children off welfare are                
 reasonable.  She explained that Congress and the President agreed             
 on child support provisions of the welfare reform act.                        
                                                                               
 In response to a question by Co-Chair Therriault, Ms. Straube                 
 testified that the Division should be able to work with the federal           
 government and avoid penalties.                                               
                                                                               
 Representative Davies noted that the legislation would sunset in              
 two years.  Ms. Straube clarified that sunset provisions were                 
 inserted as a result of concerns regarding constitutionality.  She            
 noted that there was concern with the additional use of social                
 security numbers on documents.  She noted that there will not be an           
 issue unless the legislation is repealed in two years.                        
                                                                               
 In response to a question by Representative Davies, Ms. Straube               
 expressed the opinion that the legislation will work to improve               
 collections.                                                                  
                                                                               
 Ms. Straube noted that the federal government has mandated that:              
                                                                               
      *    Employers report money withheld from employees checks in            
           7 days;                                                             
                                                                               
      *    Financial institutions and other entities match data                
           quarterly with CSED;                                                
                                                                               
      *    Existing licensing statutes be are amended to: include              
           commercial fishing crew members, and be revocable for               
           noncompliance with subpoena or warrant;                             
                                                                               
      *    Disbursed payments will go to Aid to Families with                  
           Dependent Children (AFDC) recipients for past child                 
           support payments before the state can collect to                    
           reimburse itself;                                                   
                                                                               
      *    Social security numbers be identified on state licenses,            
           permits and other documents, such as divorce decrees and            
           death certificates.  Social security numbers must be                
           shared with all other state child support agencies;                 
                                                                               
      *    Any entity that is providing information or honoring CSED           
           actions are immune from prosecution as long as they are             
           acting in good faith;                                               
                                                                               
      *    Paternity establishment requirements are expanded;                  
                                                                               
      *    Parents must be informed of their rights and consequences           
           of signing an acknowledgement of paternity;                         
                                                                               
      *    Paternity establishments of other states must be                    
           accepted;                                                           
                                                                               
      *    The putative father can request blood tests and establish           
           paternity;                                                          
                                                                               
      *    Paternity parties must provide employer information, so             
           that the support order can be established and a                     
           withholding order can be sent quickly;                              
                                                                               
      *    The location of the custodial parent or child can be                
           withheld if there is a risk to health, safety or liberty;           
                                                                               
      *    The legislation must conform with all provisions of the             
           Uniform Family Support Act;                                         
                                                                               
      *    Fraudulent transfers can be voided when used to evade               
           child support collections;                                          
                                                                               
      *    The state has the authority to require delinquent                   
           obligers in AFDC to participate in appropriate work                 
           activities; and                                                     
                                                                               
      *    There is no "statute of limitations" on reporting arrears           
           to credit bureaus.                                                  
                                                                               
 Representative Foster MOVED to report CSSB 154 (FIN)am out of                 
 Committee with individual recommendations and the accompanying                
 fiscal notes.  There being NO OBJECTION, it was so ordered.                   
                                                                               
 (Tape Change, HFC 97-136, Side 1)                                             
                                                                               
 SENATE BILL NO. 151                                                           
                                                                               
      "An Act relating to public employment labor relations;                   
      relating to the protection of the rights of public employees             
      under the Public Employment Relations Act; establishing                  
      ethical standards for union representatives of public                    
      employees; and establishing disclosure requirements for public           
      employee labor organizations."                                           
                                                                               
 Work draft # 0-LS0675\P, 5/8/97 was adopted by the House Finance              
 Committee on 5/8/97.                                                          
                                                                               
 ART CHANCE, CONTRACT, SENATE FINANCE COMMITTEE noted that the                 
 proposed amendment by Representative Davies, O-LS0675\P.2 dated               
 5/8/97 would delete section 4 of the bill (copy on file).  In                 
 response to a question by Representative Mulder, Mr. Chance                   
 reviewed Amendment 1, by Representative Mulder (copy on file).  He            
 clarified that Amendment 1 addresses the fragmentation issue.  The            
 amendment eradicates a potential source of fragmentation by                   
 eliminating the requirement that employees that are prohibited from           
 striking be segregated from employees that are not so prohibited.             
 The non-affiliation requirement for peace officers, subsection (d),           
 page 3, would be deleted.  Peace officers would still be required             
 to be in units comprised only of peace officers.  However, they               
 could be affiliated with any organization.  Representative Mulder             
 stressed that this is the current practice in regards to peace                
 officers.                                                                     
                                                                               
 Representative Davies stressed that efficiencies of scale can allow           
 one management unit to deal with several bargaining units in terms            
 of accounting and reporting functions.  He noted that duplication             
 of functions would exist if they were required to have a separate             
 union.                                                                        
                                                                               
 Mr. Chance explained that a "bargaining unit" is the description of           
 the groups of employees that can be placed together based on a                
 determination by the Alaska Labor Relations Agency of their sharing           
 a community of interest.  He noted that a union is a organization             
 that represents a bargaining unit or units.  The Alaska Labor                 
 Relations Agency has already decided that correctional officers,              
 who are peace officers, share a separate and distinct community of            
 interest.  Amendment 1 would allow them to be represented by anyone           
 they choose.  If the Alaska State Employees Association (ASEA) wins           
 the election this group would be one more bargaining unit within              
 ASEA.  There will not be a duplication of the actual organizational           
 structure of the unit.                                                        
                                                                               
 Co-Chair Therriault noted that supervisors are required to be in a            
 separate bargaining unit.                                                     
                                                                               
 Representative Mulder noted that the Teamsters represent a number             
 of police officers in a particular city.  The amendment would allow           
 the Teamsters to continue to represent these officers.  Mr. Chance            
 observed that correctional officers have been a separate unit                 
 inside the General Governmental Unit (GGU) since the mid 1980's.              
 They have had specific contract provisions.                                   
                                                                               
 Representative Mulder referred to section 4 (c), page 3, line 11.             
 He stressed that a unit does not necessitate a separate union.  He            
 emphasized that separate units can exist within a union.  Mr.                 
 Chance agreed and cited examples.                                             
                                                                               
 In response to a question by Representative Davies, Representative            
 Mulder stressed that the legislation will codify current practice.            
 Representative Davies questioned why the language is needed.                  
                                                                               
 Mr. Chance observed that there could be a conflict between groups,            
 such as between supervisors and non-supervisors in the same unit.             
 He noted that it has taken years for the Alaska Labor Relations               
 Agency to arrive at definitive doctrine through their decisions on            
 separations.   He emphasized that the legislation will incorporate            
 the evolved standards of the Alaska Labor Relations Agency and                
 eliminate lawsuits.                                                           
                                                                               
 Representative Mulder MOVED to adopt Amendment 1.  Representative             
 Davies OBJECTED.  Representative Mulder WITHDREW Amendment 1.                 
                                                                               
 Representative Davies MOVED to adopt Amendment 3.  Amendment 3                
 would delete section 4.  Representative Mulder OBJECTED for                   
 purposes of discussion.                                                       
                                                                               
 ED FLANIGAN, DEPUTY COMMISSIONER, DEPARTMENT OF LABOR stressed that           
 the legislation has not been requested by a labor organization,               
 employee or the state.   The Department prefers that the                      
 supervisory definition be left to regulation.                                 
                                                                               
 Mr. Flanigan stated that Amendment 1 would obligate the                       
 Department's primary objection to section 4.                                  
                                                                               
 Representative Mulder maintained that Amendment 1 would diminish              
 the cost of appeals.                                                          
                                                                               
 Mr. Flanigan acknowledged that the definition of "supervisor" may             
 not be the best.  He stated that the definition "catches too broad            
 a net".  He noted that 200 proposals to transfer positions between            
 bargaining units have occurred in the first year of the definition            
 change.  He questioned if the definition should be codified.                  
                                                                               
 Mr. Chance stated that the issue is partly technical and partly               
 economic.  He noted that a person who is moved from one bargaining            
 unit to another due to redesignation or a change in duties, takes             
 with them the dues that they were paying from one organization to             
 another organization.  He explained that employees fill out a                 
 position description questionnaire.  The questionnaire is reviewed            
 by the commissioner, the department's human resource manager and              
 their supervisor.  The questionnaire is reviewed by the Department            
 of Administration for bargaining unit placement.  If the union                
 disputes the determination it can petition the agency to make a               
 decision on what is the appropriate bargaining unit.  The employee            
 cannot petition the agency to make a determination as to whether              
 the position is in the appropriate  unit.                                     
                                                                               
 A roll call vote was taken on the MOTION to adopt Amendment 3.                
                                                                               
 IN FAVOR: Moses, Davies, Grussendorf                                          
 OPPOSED:  Davis, Foster, Kelly, Kohring, Martin, Mulder, Therriault           
                                                                               
 Co-Chair Hanley was absent from the vote.                                     
                                                                               
 The MOTION FAILED (3-7).                                                      
                                                                               
 SB 151 was HELD in Committee for further consideration.                       
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 The meeting adjourned at 12:50 p.m.                                           
**FIN131AM                                                                     

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