03/22/2006 04:24 PM House L&C
| Audio | Topic |
|---|---|
| Start | |
| SB207 | |
| Confirmation Hearing(s) || Board of Certified Direct-entry Midwives || Board of Psychologists and Psychological Associate Examiners || Board of Social Work Examiners | |
| HB447 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 22, 2006
4:24 p.m.
MEMBERS PRESENT
Representative Tom Anderson, Chair
Representative Pete Kott
Representative Gabrielle LeDoux
Representative Bob Lynn
Representative Norman Rokeberg
Representative Harry Crawford
Representative David Guttenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 207(FIN)
"An Act relating to the membership on the board of directors of
the Alaska Aerospace Development Corporation."
- MOVED CSSB 207(FIN) OUT OF COMMITTEE
CONFIRMATION HEARING(S)
BOARD OF CERTIFIED DIRECT-ENTRY MIDWIVES
Mila (Melinda) A. Cosgrove - Juneau
- CONFIRMATION(S) ADVANCED
BOARD OF PSYCHOLOGIST AND PSYCHOLOGICAL ASSOCIATE EXAMINERS
Dr. Lorin L. Bradbury - Bethel
- CONFIRMATION(S) ADVANCED
BOARD OF SOCIAL WORK EXAMINERS
Gail La Rose-Henderson - Wasilla
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 447
"An Act relating to the use of broadcasting to promote raffles
and lotteries."
- MOVED CSHB 447(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 240
"An Act relating to brewery and brew pub licensing."
- BILL HEARING POSTPONED
PREVIOUS COMMITTEE ACTION
BILL: SB 207
SHORT TITLE: AK AEROSPACE DEVEL. CORP BD MEMBERSHIP
SPONSOR(s): SENATOR(s) STEVENS G
01/09/06 (S) PREFILE RELEASED 12/30/05
01/09/06 (S) READ THE FIRST TIME - REFERRALS
01/09/06 (S) L&C, FIN
01/24/06 (S) L&C AT 1:30 PM BELTZ 211
01/24/06 (S) Heard & Held
01/24/06 (S) MINUTE(L&C)
02/02/06 (S) L&C AT 1:30 PM BELTZ 211
02/02/06 (S) Moved CSSB 207(L&C) Out of Committee
02/02/06 (S) MINUTE(L&C)
02/06/06 (S) L&C RPT CS 4DP 1NR
SAME TITLE
02/06/06 (S) DP: BUNDE, SEEKINS, DAVIS, STEVENS B
02/06/06 (S) NR: ELLIS
02/13/06 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/13/06 (S) Heard & Held
02/13/06 (S) MINUTE(FIN)
03/01/06 (S) FIN RPT CS 5DP SAME TITLE
03/01/06 (S) DP: BUNDE, OLSON, DYSON, STEDMAN,
HOFFMAN
03/01/06 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/01/06 (S) Moved CSSB 207(FIN) Out of Committee
03/01/06 (S) MINUTE(FIN)
03/07/06 (S) TRANSMITTED TO (H)
03/07/06 (S) VERSION: CSSB 207(FIN)
03/08/06 (H) READ THE FIRST TIME - REFERRALS
03/08/06 (H) L&C
03/22/06 (H) L&C AT 3:15 PM CAPITOL 17
BILL: HB 447
SHORT TITLE: BROADCASTING PROMOTING CHARITABLE GAMING
SPONSOR(s): REPRESENTATIVE(s) MCGUIRE
02/13/06 (H) READ THE FIRST TIME - REFERRALS
02/13/06 (H) L&C, FIN
02/22/06 (H) L&C AT 4:00 PM CAPITOL 17
02/22/06 (H) Heard & Held
02/22/06 (H) MINUTE(L&C)
03/22/06 (H) L&C AT 3:15 PM CAPITOL 17
WITNESS REGISTER
SENATOR GARY STEVENS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of SB 207.
DAVE WOODRUFF
City of Kodiak
Board of Directors
Alaska Aerospace Development Corporation (AADC)
Kodiak, Alaska
POSITION STATEMENT: Testified in favor of SB 207.
BARBARA WILLIAMS, Member
Kodiak Island Borough Assembly
Kodiak, Alaska
POSITION STATEMENT: Testified in favor of SB 207.
CECIL RANNEY
Kodiak Borough Assembly
Kodiak, Alaska
POSITION STATEMENT: Testified in favor of SB 207.
CRAIG JOHNSON, Staff
to Representative Lesil McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 447 on behalf of
Representative McGuire, sponsor.
ACTION NARRATIVE
REPRESENTATIVE ROKEBERG, Acting Chair, called the House Labor
and Commerce Standing Committee meeting to order at 4:24:36 PM.
Representatives Crawford, Lynn, LeDoux, Guttenberg, and Rokeberg
were present at the call to order. Representatives Anderson and
Kott arrived as the meeting was in progress.
SB 207-AK AEROSPACE DEVEL. CORP BD MEMBERSHIP
ACTING CHAIR ROKEBERG announced that the first order of business
would be CS FOR SENATE BILL NO. 207(FIN), "An Act relating to
the membership on the Board of Directors of the Alaska Aerospace
Development Corporation."
4:25:39 PM
SENATOR GARY STEVENS, Alaska State Legislature, sponsor,
explained that the bill would ensure that two members of the
Alaska Aerospace Development Corporation (AADC) Board of
Directors (Board) reside in Kodiak, where the AADC launches take
place. In addition, he said, the bill would ensure that no
members are removed from the Board in order to meet this
requirement. He stated that there had been two members [from
Kodiak] on the Board until recently. He said that Kodiak is the
location of the majority of AADC's activities, including several
rocket launches and construction projects. He stated that the
facility in Kodiak is complex and has had an enormous impact on
the community. He explained that the facility impacts the
recreational activities, as beaches must be closed down and
waters must be closed to fisherman when there is a rocket
launch. He commented that it is important for Kodiak to have a
voice when decisions are being made.
SENATOR GARY STEVENS went on to say that this bill is supported
by the community of Kodiak, Kodiak Island Borough, City of
Kodiak, and by the [Kodiak] Chamber of Commerce.
ACTING CHAIR ROKEBERG asked how many members are currently on
the Board.
SENATOR GARY STEVENS replied that there are seven members,
including one member from Kodiak.
REPRESENTATIVE GUTTENBERG asked for a description of the Board's
duties and responsibilities.
SENATOR GARY STEVENS replied that he served as the ex officio
member of the Board, although he was unable to attend meetings.
He said that the Board makes all decisions which impact the
corporation, is responsible for hiring the director, and decides
the direction of the corporation.
4:29:03 PM
DAVE WOODRUFF, City of Kodiak, Alaska Aerospace Development
Corporation (AADC) Board of Directors, said that he has been
involved with the AADC project since its inception. He offered
his understanding that when the project began, Kodiak was
promised two seats on the Board. He stated that at that time,
he was not aware that the AADC was a state corporation, and was,
therefore, unaware that there was no requirement to have two
Kodiak Board members.
MR. WOODRUFF went on to say that, as the host city, Kodiak is
responsible for transporting the rockets to and from the launch
site, in addition to responding to complaints from community
members regarding the AADC's actions.
4:31:06 PM
MR. WOODRUFF, in response to a question, said that the Board
members have overlapping terms, and he added that the intent of
the bill is to place an additional Kodiak resident on the Board
and maintain two members from Kodiak in the future.
REPRESENTATIVE GUTTENBERG asked what would happen to the public
seat if one of the scientists or corporate members was from
Kodiak.
MR. WOODRUFF opined that it would not be difficult to find a
qualified member from Kodiak. He stated that in the past, the
members have been drawn from the business community.
REPRESENTATIVE GUTTENBERG asked if there is a subcommittee of
the city council that monitors the Board meetings and reports
back to the city council and the public.
MR. WOODRUFF replied that Martha Schoenthal [Vice President of
Business Operations, AADC] visits Kodiak on a quarterly basis to
explain what is currently happening. He noted that he, as a
Board member, also reports back to the community.
ACTING CHAIR ROKEBERG asked if it would be beneficial to amend
the bill to include a state liaison.
MR. WOODRUFF replied that the communication between the Kodiak
Borough Assembly, the Kodiak City Council, and the AADC has
always been open, keeping all the parties updated.
4:37:17 PM
BARBARA WILLIAMS, Member, Kodiak Island Borough Assembly, said
that Martha Schoenthal of AADC has visited Kodiak two or three
times in the past year. She expressed that [the borough] would
like to see this continue, as this has been "very helpful." She
went on to say that the borough would like to see two
representatives from Kodiak on the Board in order to maintain a
continuous flow of current and accurate information.
ACTING CHAIR ROKEBERG said
"It seems to me as if there's always been - ...
because of the nature and size of the population ... -
some almost incidental cross fertilization between ...
the city council, and the borough assembly, and this
Board. ... Nothing formal, even in the committee
substitute, ... requires that. Do you think that
would be an improvement if we had some mandate ...
[that] one member was a member of a local governmental
body, as well as meeting the other requirements?"
MS. WILLIAMS opined that it would be helpful, as [the city
council and borough assembly members] are the most aware of
community concerns. However, she said that a person in the
private sector would serve "just as well," especially if the
individual had the knowledge required to understand problems
that may arise. She added that this might be someone with
military or aerospace background.
4:40:20 PM
CECIL RANNEY, Kodiak Borough Assembly, expressed agreement with
the previous testimony. He said that the communication between
the AADC and Kodiak has been "rocky" in the past; however, over
the past year, due to the efforts of [Mr. Woodruff], there is a
better understanding of the AADC's actions. He noted that the
quarterly reports have been helpful, and he stated that he would
support having two members from Kodiak on the Board.
4:41:44 PM
ACTING CHAIR ROKEBERG asked Senator Gary Stephens if there would
be any merit in expanding the qualification requirements of the
public members.
SENATOR GARY STEVENS replied that this may not be necessary, as
having two Board members from Kodiak has worked sufficiently in
the past. He opined that there is wisdom in having members from
Kodiak who can solve problems before they occur. He stated that
in the past, there have been problems with rumors and a lack of
sensitivity to local fishermen and residents.
REPRESENTATIVE LEDOUX said, "I think this is an excellent bill,"
and she noted that there has been friction between the AADC and
the community of Kodiak. She added that having two local
members on the Board would help both the community of Kodiak and
the AADC by stopping problems before they become even larger.
REPRESENTATIVE GUTTENBERG, referring to [page 1, line 9], asked
what the qualification is for a "high level [of experience]."
SENATOR GARY STEVENS replied that he is not aware of a
definition, although this means that a person may be denied if
they do not have the necessary experience. He noted that this
is a statewide board.
REPRESENTATIVE GUTTENBERG asked if designating members from a
specific geographic location on a statewide board is troubling
from a statewide perspective.
SENATOR GARY STEVENS replied that this may be of concern;
however, all of AADC's actions affect Kodiak. He stated that it
is important to ensure that there is local representation when a
particular community is affected.
REPRESENTATIVE GUTTENBERG asked if the flats are under AADC.
SENATOR GARY STEVENS said no.
4:46:55 PM
REPRESENTATIVE ROKEBERG closed public testimony.
4:47:10 PM
REPRESENTATIVE LEDOUX moved to report CSSB 207(FIN) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSSB 207(FIN) was
reported from the House Labor and Commerce Standing Committee.
^CONFIRMATION HEARING(S)
^Board of Certified Direct-Entry Midwives
^Board of Psychologists and Psychological Associate Examiners
^Board of Social Work Examiners
4:47:28 PM
ACTING CHAIR ROKEBERG announced that the next order of business
would be the confirmation hearings for the governor's
appointments to the Board of Certified Direct-Entry Midwives,
the Board of Psychologists and Psychological Associate
Examiners, and the Board of Social Work Examiners. He noted
that each committee member was provided with the names and
resumes for each of the appointees. He reminded the committee
that each member's signature on the committee report does not
reflect the member's vote during the joint floor session.
4:48:41 PM
ACTING CHAIR ROKEBERG moved to advance the names of the
appointees to the boards, as specified above in the committee
calendar, to the joint session for consideration. There being
no objection, the confirmations were advanced.
The committee took an at-ease from 4:48 PM to 4:53 PM.
4:54:01 PM
[The gavel was returned to Chair Anderson.]
HB 447-BROADCASTING PROMOTING CHARITABLE GAMING
CHAIR ANDERSON announced that the final order of business would
be HOUSE BILL NO. 447, "An Act relating to the use of
broadcasting to promote raffles and lotteries."
4:54:19 PM
CRAIG JOHNSON, Staff to Representative Lesil McGuire, Alaska
State Legislature, on behalf of Representative McGuire, sponsor,
said that this bill levels the playing field for advertising,
yet "keeps certain things out." He stated that the amendments
offered will help to solve potential problems.
4:54:55 PM
REPRESENTATIVE LYNN offered Amendment 1, by Legislative Legal
and Research Services:
Page 1, line 6, following "classic":
Insert ", other than animal classics,"
CHAIR ANDERSON objected for discussion purposes.
REPRESENTATIVE LYNN explained that the intention of the
amendment is to correct a loophole created by previous
legislation which was intended to allow "animal classics" at the
state fair.
CHAIR ANDERSON asked if Representative Lynn was targeting the
Tudor Bingo Rat Race, which started after the aforementioned
legislation passed, yet was not the intent of the bill.
REPRESENTATIVE LYNN said yes.
4:56:22 PM
CHAIR ANDERSON removed his objection. There being no further
objection, Amendment 1 was adopted.
REPRESENTATIVE CRAWFORD offered Conceptual Amendment 2, as
follows [original punctuation provided]:
Before each use of the word "raffle" or "lottery,"
including the title of the bill, insert the word
"charitable."
Page 1, Line 8:
Following "lottery" insert "as defined in AS
05.15.690."
4:56:34 PM
REPRESENTATIVE ROKEBERG objected for discussion purposes.
4:56:48 PM
REPRESENTATIVE CRAWFORD explained that this makes it clear that
the bill is intended to allow broadcasting for charitable
purposes only.
REPRESENTATIVE ROKEBERG said that he would be supporting the
amendment due to the reference to AS 05.15.690, which defines
"raffle" and "lottery".
REPRESENTATIVE ROKEBERG removed his objection.
REPRESENTATIVE LEDOUX asked how the sponsor feels about
Amendment 2.
MR. JOHNSON replied that the sponsor does not have a problem
with the aforementioned amendment.
[Conceptual Amendment 2 was treated as adopted.]
4:58:24 PM
REPRESENTATIVE CRAWFORD moved Amendment 3 [original punctuation
provided]:
Page 1, line 5, following "broadcasting":
Insert, ", if the broadcasting is limited to
public service announcements provided free of
charge by a broadcaster to a permittee,"
Page 1, line 8:
Delete ""broadcasting""
Insert ""broadcasting," if the broadcasting is
limited to public service announcements provided
free of charge by a broadcaster to a permittee,
["Broadcasting"]"
CHAIR ANDERSON objected for discussion purposes.
4:58:54 PM
REPRESENTATIVE CRAWFORD explained that he does not want to
expand gaming of any kind, regardless of whether or not it is
charitable. He stated that the bill was presented as a way to
allow charities to advertise fundraising events, and he opined
that [public service announcements] PSAs are the way to do this.
He said that he does not want to see this expand to for-profit
advertising, adding his belief that the only reason to pay to
advertise a raffle or lottery is to expand and involve more
people.
5:00:11 PM
CHAIR ANDERSON clarified that if the advertising is not limited
to PSAs, any company would be able to advertise [gaming
activities]. He noted that ultimately, a portion of the money
would likely go to a charity. However, he acknowledged that
this may encourage many people to spend more money gambling,
thereby expanding gambling in the state. He surmised that
another reason for Amendment 3 would be to prevent any loopholes
in the future.
5:01:18 PM
CHAIR ANDERSON removed his objection.
REPRESENTATIVE ROKEBERG objected.
REPRESENTATIVE LYNN noted that currently, newspapers are able to
[advertise charitable gaming] for a fee, and he asked how this
discrepancy is addressed. He also expressed concern with
expanding gambling of any kind.
5:02:00 PM
REPRESENTATIVE CRAWFORD replied that while he is aware that
newspapers are currently able to advertise charitable gaming, he
has not seen any ads of this nature. He pointed out that the
bill includes television, radio, satellite, cable teletype, and
fax as methods of advertising that are acceptable. He said that
this is "pretty broad." He stated that gambling is currently
illegal and he feels it should remain this way.
CHAIR ANDERSON remarked that [PSAs are intended] to assist
charities with advertisements; however, if all charities did
PSAs, the broadcasters may go out of business.
5:03:26 PM
MR. JOHNSON replied that the bill does not expand gambling. He
opined that limiting the broadcasting to PSAs would have a
negative effect on charities, as it would cause more operators
to request PSAs. He surmised, then, that this would result in
no PSAs, as the stations may be willing to do six, but not
twelve. In response to an earlier comment, he said that the
bill is not specifically intended for pulltab and bingo
advertising.
5:04:35 PM
REPRESENTATIVE CRAWFORD said that he did not specify pulltabs
and bingo.
5:04:44 PM
REPRESENTATIVE CRAWFORD went on to say that he does not believe
limiting the amount of advertising for gaming is a "negative
effect". He said "I think that if we [put] less advertising and
less money into gambling, then that's a good thing."
MR. JOHNSON, in response to a question, said that this may cause
charities to seek funding from the legislature, as they would
require alternative funding sources.
CHAIR ANDERSON commented that while he understands the concern,
he feels that the bill is good.
CHAIR ANDERSON asked if any member of the [broadcasting]
industry would like to testify.
The committee took a brief at-ease.
5:07:27 PM
REPRESENTATIVE KOTT pointed out that there is no legalized
gambling in the state; however, there are "games of chance." He
opined that use of the term "gambling" in this discussion is
incorrect.
5:07:52 PM
A roll call vote was taken. Representatives Guttenberg,
Crawford, and Lynn voted in favor of Amendment 3.
Representatives LeDoux, Kott, Rokeberg, and Anderson voted
against it. Therefore, Amendment 3 failed by a vote of 3-4.
5:08:22 PM
REPRESENTATIVE GUTTENBERG indicated that he objected to moving
HB 447 from committee and expressed concern with the possibility
of enhancing gaming. He opined that a better approach would be
to limit the amount of advertising newspapers are able to do,
rather than expanding the advertising requirements to include
other forms of media. He said that while he does not wish to
"put a burden" on the industry, he does not want to expand
gaming. Moreover, he said this seems to be a national issue,
and noted that there are restrictions in place that have not
been discussed. He questioned how overhead costs are currently
dealt with and inquired as to how the added overhead costs would
affect the charities. He opined that this may cause a decrease
in funds for the charity.
5:11:23 PM
REPRESENTATIVE ROKEBERG noted that the adoption of Amendment 1
prohibits the Alaska State Fair from holding its "animal
classic." He suggested that the sponsor consider an amendment
to the amendment to deal with this issue.
5:11:57 PM
REPRESENTATIVE LYNN stated that this was not the intent of the
amendment.
REPRESENTATIVE ROKEBERG noted that HB 477 has an additional
referral to the House Finance Committee.
REPRESENTATIVE LYNN said that regardless of whether the term is
"games of chance" or "gambling," [the same concerns apply].
5:12:52 PM
REPRESENTATIVE CRAWFORD opined that Alaska is "under assault" as
one of the few states that has not legalized for-profit
gambling. He said that there is a large amount of money in
gaming, which he feels is why more effort is being made to
expand charitable gaming. He stated that one way to expand this
is through advertising. He agreed with a previous statement
regarding a possible decrease in the amount of money a charity
would receive. He suggested limiting the advertising to the
charity, rather than the operators, as a possible conceptual
amendment.
5:14:28 PM
CHAIR ANDERSON commented that gambling exists, and the vendors
do make a profit. He said that while he does understand the
concern with the legalization of gambling in the state, certain
types of gambling, such as online poker, already exist. He
opined that there is good intent and merit in enabling charities
to advertise raffles and lotteries.
5:15:42 PM
REPRESENTATIVE GUTTENBERG remarked that the broadcasters have a
legitimate concern regarding the nature of the industry, and the
burdens involved; however, there is a cascading effect outside
of this. He acknowledged that there are "good" operators which
are sanctioned and regulated by the state, although the
regulations may not always be enforced. He said that all
operators make a living off of [games of chance]. In the past,
he said, nonprofits "ran the game" and received most of the
profit. Currently, however, there are operators and
distributors involved, and the amount of money that goes back to
the charity continues to decrease. He expressed concern with
the high cost for television advertising, and he suggested that
this be looked into further.
5:17:43 PM
CHAIR ANDERSON asked for more information regarding the costs of
a raffle or lottery and whether HB 447 will cause the charity
and [raffle or lottery winner] to receive less money because of
the higher advertising costs.
MR. JOHNSON replied that the House Finance Committee would be
taking a look at this issue.
5:18:27 PM
REPRESENTATIVE KOTT said that the aforementioned concerns are
valid. He opined that the end result would be a higher return
as a result of more advertising, adding that allowing these new
types of advertising is a better way to "level the playing
field," rather than eliminating the advertising altogether.
5:19:52 PM
REPRESENTATIVE ROKEBERG moved to report HB 447, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes.
REPRESENTATIVE CRAWFORD objected.
5:20:05 PM
A roll call vote was taken. Representatives Lynn, LeDoux, Kott,
Rokeberg, and Anderson voted in favor of moving HB 447, as
amended, from committee. Representatives Guttenberg and
Crawford voted against it. Therefore, CSHB 447(L&C) was
reported out of the House Labor and Commerce Standing Committee
by a vote of 5-2.
5:20:25 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
5:20:36 PM.
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