Legislature(2007 - 2008)HOUSE FINANCE 519
04/02/2008 08:30 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB353 || HB 353 | |
| HB 368 | |
| SB216 || SB 216 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 216 | TELECONFERENCED | |
| + | SB 241 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 368 | TELECONFERENCED | |
| += | HB 281 | TELECONFERENCED | |
| += | HB 353 | TELECONFERENCED | |
HOUSE FINANCE COMMITTEE
April 2, 2008
8:43 a.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting
to order at 8:43:05 AM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Harry Crawford
Representative Richard Foster
Representative Les Gara
Representative Mike Hawker
Representative Reggie Joule
Representative Mike Kelly
Representative Mary Nelson
Representative Bill Thomas Jr.
MEMBERS ABSENT
None
ALSO PRESENT
Jim Pound, Staff, Representative Wes Keller; Suzzanne
Armstrong, Staff, Co-Chair Meyer; Joyce Anderson,
Administrator, Select Committee on Legislative Ethics;
Representative Bob Lynn, Sponsor; Mike Sica, Staff,
Representative Bob Lynn; Senator Johnny Ellis, Sponsor;
Representative Berta Gardner; Senator Gary Stevens,
Sponsor.
PRESENT VIA TELECONFERENCE
Ron Siebels, Alaska Chapter of the Military Order of the
Purple Heart; Ric Davidge, State Council President, Vietnam
Veterans of America.
SUMMARY
HB 353 "An Act relating to the blocking of certain
Internet sites at public libraries and to library
assistance grants."
HB 353 was REPORTED out of Committee with "no
recommendation" and a zero fiscal note from the
Department of Education and Early Development.
HB 368 "An Act modifying the limitations on political
fund raising during legislative sessions by
candidates for governor or for lieutenant
governor, and amending the Legislative Ethics Act
to modify the limitation on political fund
raising by legislators and legislative employees
during legislative sessions, to allow legislators
and legislative employees to accept certain gifts
from lobbyists within their immediate families,
to clarify the Legislative Ethics Act as it
relates to legislative volunteers and educational
trainees, to reduce the frequency of publication
of summaries by the Select Committee on
Legislative Ethics, to revise procedures and
penalties related to the late filing of
disclosures required by the Legislative Ethics
Act, and to add a definition to that Act."
CSHB 368 (STA) title am, as amended was reported
out of Committee with a "do pass" recommendation,
a zero fiscal note from Department of
Administration, and a new zero fiscal note from
the Legislature.
CSSB 216(TRA)
"An Act designating the Alaska Highway and
portion of the Richardson Highway as the Purple
Heart Trail."
CSSB 216 (TRA) was reported out of Committee with
a "do pass" recommendation and fiscal note from
the Department of Transportation and Public
Facilities.
CSSB 241(HES)
"An Act relating to a report to the legislature
on teacher preparation, retention, and
recruitment by the Board of Regents of the
University of Alaska; and providing for an
effective date."
CSSB 241 (HES) was reported out of Committee with
a "do pass" recommendation, a zero fiscal note
from the University of Alaska, and a letter of
intent from the House Health, Education, and
Social Services Committee.
8:43:35 AM
HOUSE BILL NO. 353
"An Act relating to the blocking of certain Internet
sites at public libraries and to library assistance
grants."
Co-Chair Meyer summarized the history of the bill in
committee and invited amendments.
8:44:54 AM
Representative Kelly MOVED to ADOPT Amendment #1, 25-
LS1356\E.1, Bannister 4/1/08 (Copy on File):
Page 2, lines 6-7:
Delete all material and insert:
(2) "public library" means a library that
(A) provides the following services free of
charge to members of the public:
(i) establishment and maintenance of a
collection of books and other materials
for loaning;
(ii) access to interlibrary loan
services;
(iii) reading or other educational
programs for children;
(iv) reference information; and
(B) is not operated by or affiliated with
the University of Alaska."
Vice-Chair Stoltze OBJECTED.
Representative Kelly explained that the committee adopted
the original version of HB 353, which includes the
University. The amendment removes the University of Alaska
from the requirement for a library filter.
Representative Hawker commented that the amendment allows
government to exempt itself from the laws imposed on the
rest of the community.
Representative Gara pointed out that the university wants
to be exempted for the same reason as small libraries:
because it is expensive. He emphasized the difficultly
monitoring computers as outlined in the bill due to
staffing. He did not support the amendment and felt that
the provision needed to have the language from the CS 353
(STA) or something that addresses costs to the library.
8:47:17 AM
Vice-Chair Stoltze disagreed with Representative Gara
interpretation of the amendment. Exempting the university
addresses the fact that there is an adult population using
the university library.
Representative Kelly maintained that the cost to smaller
libraries would be less because of less expensive software.
8:48:27 AM
JIM POUND, STAFF, REPRESENTATIVE WES KELLER, agreed with
Representative Kelly and reported that downloading the
program for the filter takes about 15 minutes.
Representative Gara noted that smaller libraries with only
part-time staff and without high-speed internet would have
more difficultly downloading software.
Vice-Chair Stotlze reminded the committee that the
amendment was about the University of Alaska exclusion.
8:49:43 AM
Representative Kelly responded that anything that can be
downloaded can also be purchased on CD.
Representative Hawker asserted that the bill raises
fundamental questions of equal treatment and freedom of
speech. He did not want the state to be a place where
children could view pornography. He expressed discomfort
with omitting the university and stated opposition to the
amendment.
8:51:35 AM
Co-Chair Meyer noted that the university library is
available only to adults.
Representative Kelly said generally he would not exempt the
university regarding other issues and underlined that the
issue is protecting children.
8:52:21 AM
Co-Chair Chenault reminded the committee that the
university is open to the general public, including
children.
8:53:13 AM
Representative Gara said that Representative Kelly's
suggestion of purchasing a CD underlines the point that
there is a cost associated with the provision. He
reiterated concern regarding financial hardship for small
libraries.
8:53:42 AM
Representative Kelly responded that the cost is
insignificant if the issue is protecting children. The
amendment simply separates out the adult population. He was
concerned about children having access to the internet at
the university.
AT EASE: 8:54:56 AM
RECONVENE: 8:57:59 AM
8:58:04 AM
Representative Kelly WITHDREW Amendment #1.
8:58:25 AM
Representative Gara MOVED to ADOPT Amendment #2, 25-
LS1356\E (Copy on File):
Page 2, following line 7:
Insert a new bill section to read:
(d) This section does not apply to a public library
that:
(1) has a policy prohibiting computer users from
viewing internet sites that depict the items
described in AS 11.61.128 (1)(A)-(F) and
(2) determines that complying with this section
would require a cost that materially reduces
library services made available to the public.
Vice-Chair Stoltze OBJECTED.
Representative Gara explained that the amendment requires
compliance with the provision unless a library cannot
afford software without reducing library services, and has
a policy in place prohibiting access.
8:59:02 AM
Vice-Chair Stoltze felt the interpretation was too broad
and could apply to any library regardless of size. He
acknowledged that the intent of the amendment is addressing
smaller libraries, but claimed the language is broader.
Representative Gara reiterated concerns about costs to
libraries.
8:59:56 AM
Co-Chair Chenault interpreted the amendment to mean that if
the software costs too much, then a policy would suffice.
He referred to public testimony regarding convicted sex
offenders using the library. He did not think these users
would be deterred by a policy. He noted appreciation for
the intent but was concerned that the amendment was not
sufficient.
9:01:19 AM
Representative Gara remarked that the bill itself did not
address the larger problem of internet predators. He
acknowledged agreement that no one wants children viewing
pornography but maintained that there is too much
uncertainty on how to address concerns and costs. He felt
the amendment was preferable to shutting down a small
library.
Representative Kelly opposed Amendment #2. He emphasized
that the libraries are not in favor of control. He wanted
to send a clear message regarding the issue by passing HB
353.
Vice-Chair Stoltze MAINTAINED his OBJECTION.
A roll call vote was taken on the motion.
IN FAVOR: Gara
OPPOSED: Kelly, Stoltze, Thomas, Hawker, Meyer, Chenault
Representatives Crawford, Foster, Joule, and Nelson were
absent from the vote.
The MOTION FAILED (6-1).
AT EASE: 9:03:52 AM
RECONVENED: 9:04:30 AM
9:04:34 AM
Vice-Chair Stoltze MOVED to report HB 353 out of Committee
with individual recommendations and the accompanying fiscal
note. There being NO OBJECTION, it was so ordered.
HB 353 was REPORTED out of Committee with "no
recommendation" and a zero fiscal note from the Department
of Education and Early Development.
9:05:33 AM
HOUSE BILL NO. 368
"An Act modifying the limitations on political fund
raising during legislative sessions by candidates for
governor or for lieutenant governor, and amending the
Legislative Ethics Act to modify the limitation on
political fund raising by legislators and legislative
employees during legislative sessions, to allow
legislators and legislative employees to accept
certain gifts from lobbyists within their immediate
families, to clarify the Legislative Ethics Act as it
relates to legislative volunteers and educational
trainees, to reduce the frequency of publication of
summaries by the Select Committee on Legislative
Ethics, to revise procedures and penalties related to
the late filing of disclosures required by the
Legislative Ethics Act, and to add a definition to
that Act."
Co-Chair Chenault informed the committee that although he
withdrew Amendment #1 in the previous meeting, he still
maintained concerns regarding making the Committee on
Legislative Ethics the prosecutor, judge, and jury for
ethics violations.
9:06:50 AM
Co-Chair Meyer MOVED to ADOPT Amendment #3 (Copy on File):
Page 2, following line 18:
Insert a new bill section to read:
"*Sec. 2. AS 24.60.031 is amended by adding a new
subsection to read:
(c) this section does not prohibit a
legislator from soliciting or accepting a contribution
or making campaign expenditures during a special
session held during the 90 days immediately preceding
an election if the district for which the legislator
has filed for office is in the municipality where the
special session occurs."
Renumber the following bill sections accordingly.
Vice-Chair Stoltze OBJECTED.
9:07:23 AM
AT EASE: 9:07:31 AM
RECONVENED: 9:09:21 AM
SUZZANNE ARMSTRONG, STAFF, CO-CHAIR MEYER, explained that
the amendment adds a new section under AS 24.60.031 that
restricts fundraising. Currently a legislator who is a
candidate for office cannot raise funds during regular or
special session within the municipality in which the
regular or special session is occurring. Concerns were
raised regarding parity of those legislators who reside in
the municipality where the session occurs.
Ms. Armstrong explained that there is a history of changes
to the statute regarding fundraising.
9:11:00 AM
JOYCE ANDERSON, ADMINISTRATOR, SELECT COMMITTEE ON
LEGISLATIVE ETHICS, described an ethics statute from the
1980s that read: Members of the legislature elected to
represent the capital city are exempt from the requirements
of (f) of the section regarding campaigning. The statute
was rewritten in 1992. At that time fundraising became
prohibited. She did not find record in the ethics office
that there were complaints regarding the issue.
Ms. Anderson added that under Amendment #3 a legislator
could campaign during a special session in the municipality
in which the session is held if it were 90 days preceding
an election. Legislators representing districts outside the
municipality where the session is held may not campaign or
raise funds in the municipality where the session is held.
9:13:58 AM
Vice-Chair Stoltz emphasized his objection to the bill. He
did not want loopholes created with regards to campaign
fund raising.
9:15:25 AM
Co-Chair Meyer did not want to put the Juneau legislators
at a disadvantage for fundraising, especially in years when
there are many special sessions.
9:15:55 AM
REPRESENTATIVE BOB LYNN, SPONSOR, thought the amendment's
intent was good, but felt the bill should remain unchanged.
He wanted fewer loopholes and exceptions in order to make
the law easier to follow.
9:16:46 AM
Representative Hawker expressed concern that without the
amendment the bill could present a discriminatory
situation. He underlined the importance of maintaining
equal treatment under the law.
9:17:20 AM
Representative Gara discussed the timing of the
fundraising. Fundraising is prohibited up until 90 days
before the election. Without the amendment, an incumbent
legislator could be at a disadvantage in competitive
campaigns if they represent the municipality in which the
special session is held. He thought the rule should be
equal; either everyone or no one should be able to
fundraise. He stated concerns regarding corruption without
the amendment.
Co-Chair Mayer stated his agreement.
9:20:02 AM
Representative Thomas supported the amendment because it
levels the playing field.
Representative Nelson pointed out for the record that
Juneau members do not support the amendment.
9:21:24 AM
Representative Gara pointed out a language error and
suggested amending the amendment to add legislative staff
or legislative employee.
9:22:04 AM
Vice-Chair Stoltze pointed out that staff has to resign in
order to run for office. Ms. Anderson affirmed his
statement.
Representative Gara withdrew the amendment to the
amendment.
Ms. Armstrong explained that AS 24.60.031 (a) and (b) are
the sections that outline what legislative employees cannot
do on behalf of a legislator running for office.
9:23:00 AM
Vice-Chair Stoltze echoed comments that Juneau legislators
are opposed to the amendment. He described campaign
difficulties because of being distant from his district.
9:25:02 AM
Vice-Chair Stoltze MAINTAINED his OBJECTION.
A roll call vote was taken on Amendment #3.
IN FAVOR: Thomas, Crawford, Gara, Hawker, Joule, Meyer
OPPOSED: Nelson, Stoltze, Kelly, Chenault
The MOTION PASSED (6-4).
Representative Thomas asked why the provision does not
include the governor and lieutenant governor.
9:26:36 AM
Representative Lynn reported that the issue was discussed
at length in the House Judiciary Committee. The governor
and lieutenant governor were taken out as it was felt that
it was inappropriate to use the bill for a broader ethics
concern.
9:27:40 AM
Representative Thomas observed that the bill was filed
before the lieutenant governor filed for office.
Representative Lynn noted there had been much political
debate over the issue. He felt that it was better to leave
the executive branch out of the provision.
9:28:17 AM
MIKE SICA, STAFF, REPRESENTATIVE BOB LYNN, said the genesis
of the bill was when the Select Committee on Legislative
Ethics came to the House and Senate with a request for a
simple "fix it" bill. He explained that Section 1, Title 15
was not in the original bill. It was added because a change
to the statute on fundraising should apply to the executive
branch as well. Though well intentioned, it did not fit
with the committees recommendations.
Representative Lynn observed that inclusion of the
executive branch created political challenges detracting
from the attempt to pass an ethics bill.
9:29:38 AM
Representative Thomas emphasized concern about the ability
of the governor and lieutenant governor to campaign while
the legislature is in session. He suggested the effective
date be changed to November. He felt no one should campaign
during session. Representative Lynn responded that the
effective date for the entire bill would then be changed.
Co-Chair Meyer did not think the legislature should concern
itself with the executive branch.
9:30:44 AM
Vice-Chair Stoltze MOVED to report CS HB 368 as amended out
of Committee with individual recommendations and the
accompanying fiscal note.
There being NO OBJECTION, CS HB 368 (STA) title am, as
amended, was reported out of Committee with a "do pass"
recommendation, a zero fiscal note from Department of
Administration, and a new zero fiscal note from the
Legislature.
9:32:47 AM
CS FOR SENATE BILL NO. 216(TRA)
"An Act designating the Alaska Highway and portion of
the Richardson Highway as the Purple Heart Trail."
SENATOR JOHNNY ELLIS, SPONSOR, provided an overview of the
bill and noted that Representative Gardner was a sponsor of
the companion legislation in the House. The intent of the
bill is to honor Alaska veterans and show Alaska's pride in
veterans to visitors. Alaska has more than 1,000 active
military duty personnel. Forty-four other states have
designated all or part of their interstate highway system
as part of the Purple Heart Trail.
Senator Ellis reported that the Alaska Highway was
originally built by the U.S. Army during World War II. The
bill proposes large signs at Fairbanks, Delta Junction,
Tok, and the Canadian border, with smaller signs at points
between, and three pullouts with informational signs
explaining the Purple Heart Trail.
Senator Ellis credited Ron Seibels, commander of the Alaska
military Order of the Purple Heart, for the original idea
of the bill. The changes to the CS and sign design were
proposed by the Department of Transportation and Public
Facilities.
9:35:10 AM
REPRESENTATIVE BERTA GARDNER spoke in support of the
legislation. She added that the Military order of the
Purple Heart is only for service men and women who have
been killed or injured in the line of duty. She recounted
that the House had recently passed legislation relating to
the decoration of honor.
9:36:09 AM
Vice-Chair Stoltze spoke in support of the legislation. He
noted that there was little recognition of the servicemen
who built the Alaska Highway, who were treated in a
discriminatory manner. He noted that he may write a letter
of intent recognizing them.
9:38:56 AM
RON SIEBELS, ALASKA CHAPTER OF THE MILITARY ORDER OF THE
PURPLE HEART (testified via teleconference), spoke in
support of the legislation. He underlined that there has
been no opposition to the provision. The communities along
the route have written in support. He thought the Purple
Heart signs would create a positive impression on visitors.
He stated his appreciation for support for the project and
urged timely passage of the bill.
9:43:03 AM
Vice-Chair Stoltze asked who is depicted on the Purple
Heart stamp. Mr. Siebels believed it was George Washington.
9:43:43 AM
RIC DAVIDGE, STATE COUNCIL PRESIDENT, VIETNAM VETERANS OF
AMERICA (testified via teleconference), spoke in support of
the legislation. The majority of veterans in Alaska are
Vietnam veterans. He clarified that the Purple Heart can
only be received by someone who is injured or killed by
enemy fire, not by friendly fire. Vietnam Veterans of
America is working with the new national veterans'
organization, the Veterans of Modern Warfare, who represent
all post-Vietnam veterans. The Purple Heart Trail project
helps show honor to veterans and supports all veterans.
9:45:36 AM
Representative Gara thanked Mr. Davidge for his work.
9:45:56 AM
Co-Chair Meyer acknowledged the fiscal note from the
Department of Transportation and Public Facilities for
$150,000 for making and installation of the signs.
9:46:23 AM
Vice-Chair Stoltze said he would draft a letter of intent
in that states the basic intent of honoring the existing
Alaska Veterans.
9:46:41 AM
Representative Joule remembered a debate on the House floor
regarding signage on the highway. At that time it was voted
down.
9:47:42 AM
Vice-Chair Stoltze clarified that the House floor debate
referenced by Representative Joule was regarding tourist
oriented directional signs.
9:47:56 AM
Representative Thomas spoke in support of the bill and
hoped to see language in the bill encouraging the Yukon
government to continue the trail.
9:48:44 AM
Vice-Chair Stoltze MOVED to REPORT CSSB 216 (TRA) out of
Committee with individual recommendations and the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CSSB 216 (TRA) was reported out of Committee with a "do
pass" recommendation and fiscal note from the Department of
Transportation and Public Facilities.
9:49:40 AM
SENATE BILL NO. 241
"An Act relating to a report to the legislature on
teacher preparation, retention, and recruitment by the
Board of Regents of the University of Alaska."
SENATOR GARY STEVENS, SPONSOR, described the bill as the
result of recommendations made by the Joint Legislative
Education Funding Task Force. The bill recognizes
difficulty in Alaska training, recruiting, and retaining
teachers. The bill requires a report from the University of
Alaska regarding teacher workforce development and
training; specifically the recruiting, training, and
retaining of public school teachers. The bill requires that
the report be presented to the House and Senate education
th
committees on the 30 legislative day of each session;
after 2013 the report will be every two years. He felt the
provision sends a clear message that the legislature wants
the University of Alaska and the Board of Regents to
address the teacher shortage.
9:51:47 AM
Representative Gara recommended moving the bill out of
committee.
Representative Hawker pointed out that CS SB 241(HES) is
accompanied by a letter of intent from the chair of the
Health, Education, and Social Services Committee and a zero
fiscal note. He further noted that the sponsor is in
agreement with the changes made in the House Health,
Education, and Social Services Committee.
Representative Hawker MOVED to REPORT CSSB 241 (HES) out of
Committee with individual recommendations, the accompanying
fiscal note, and letter of intent from the House Health and
Social Services Committee. There being NO OBJECTION, it was
so ordered.
CSSB 241 (HES) was reported out of Committee with a "do
pass" recommendation, a zero fiscal note from the
University of Alaska, and a letter of intent from the House
Health, Education, and Social Services Committee.
ADJOURNMENT
The meeting was adjourned at 9:54 AM.
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