Legislature(1997 - 1998)
04/16/1998 03:37 PM Senate STA
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SENATE STATE AFFAIRS COMMITTEE
April 16, 1998
3:37 p.m.
MEMBERS PRESENT
Senator Lyda Green, Chairman
Senator Jerry Ward, Vice-Chairman
Senator Jerry Mackie
Senator Mike Miller
MEMBERS ABSENT
Senator Jim Duncan
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 462(STA)
"An Act relating to the contents of certain state documents."
- MOVED SCS CSHB 462(STA) OUT OF COMMITTEE
SENATE BILL NO. 348
"An Act relating to rights of conscience protection for persons who
directly or indirectly provide or perform health care services."
- MOVED CSSB 348(STA) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 264(FIN)
"An Act relating to negotiated regulation making; and providing for
an effective date."
- HEARD AND HELD IN COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
HB 462 - No previous action to record.
SB 348 - See State Affairs minutes dated 4/7/98.
HB 264 - No previous action to record.
WITNESS REGISTER
Representative Gene Therriault
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 462
Jack Kreinheder, Senior Policy Analyst
Office of Management & Budget
Office of the Governor
P.O. Box 110020
Juneau, AK 99801-0020
POSITION STATEMENT: Testified in opposition to CSHB 462(STA)
Walt Wilcox, Staff to Representative Jeannette James
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on behalf of sponsor of HB 264
Ms. Deborah Behr, Assistant Attorney General
Legislation & Regulations Section
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Offered information on CSHB 264(FIN)
Ms. Pam La Bolle
Alaska State Chamber of Commerce
217 2nd St., #201
Juneau, AK 99801
POSITION STATEMENT: Outlined concerns with CSHB 264(FIN)
ACTION NARRATIVE
TAPE 98-17, SIDE A
Number 001
CHAIRMAN GREEN called the Senate State Affairs Committee to order
at 3:37 p.m., and noted the presence of Senators Ward, Mackie,
Miller and Green.
CSHB 462(STA) - USE OF STATE MONEY FOR IMAGES/MESSAGES
CHAIRMAN GREEN brought CSHB 462(STA) before the committee as the
first order of business.
REPRESENTATIVE GENE THERRIAULT, prime sponsor of HB 462, directed
attention to the current version of the legislation and said there
is some concern with the language on page 1, lines 12 and 13 where
the limitation on the longevity bonus check stub is "limited to
stating the requirements or deadlines of a program." He said that
language is pretty tightly worded and he suggested changing that
wording to "relating to the program." The restriction would not be
so tightly worded and it would still be a prohibition on any
message coming from an elected official; however, the people that
are involved in the program would have a little bit more latitude.
He said the legislation is designed to curtail the increasingly
prevalent practice of using state publications for further personal
political agendas, and it would not preclude information related to
the overall operation of the program.
Number 075
SENATOR WARD moved the following amendment to CSHB 462(STA):
Amendment No. 1
Page 1, lines 12 - 13: Delete "limited to stating the requirements
or deadlines of" and insert "related to"
Hearing no objection, the amendment was adopted to be incorporated
into a SCS CSHB 462(STA).
In his closing comments, REPRESENTATIVE THERRIAULT emphasized that
the purpose of the legislation it to prevent the underlying
programs behind these application and check stubs from becoming
politicized because there have been examples in the past where the
Administration has taken some steps that have moved towards that.
Number 110
JACK KREINHEDER, Senior Analyst, Office of Management & Budget,
stated the Administration is opposed to HB 462. It is there view
that the Governor is the chief executive officer of the state and,
as such, any Governor should have the prerogative to communicate
freely with the people of the state.
Mr. Kreinheder made reference to the Governor's letter in last
year's permanent fund dividend application booklet, and he said it
was not a political message; it simply discusses the importance of
the permanent fund, the fund's success, and it encourages people
to apply in a timely manner. He also noted there has been
discussion about the size of the Governor's picture on the booklet,
but he pointed out that it was something initiated entirely at the
division.
Mr. Kreinheder commented that the bill appears to be an election
year bill and they should be flattered that the Legislature is
considering adopting it. He said it seems to imply that there is
some confidence that this Administration will be around in the next
election cycle as well.
Number 140
CHAIRMAN GREEN stated she took exception to Mr. Kreinheder's
remarks because she doesn't think it would be appropriate for any
Governor to be involved in this practice. She added that it isn't
only the message in the permanent fund dividend booklet that has
outraged her constituents, but messages on longevity bonus stubs
as well. She said there has been an inappropriate use of going
into homes with various mailings, and they need to be curtailed
regardless of who occupies the third floor.
Number 150
SENATOR WARD asked Mr. Kreinheder if he thinks the legislation will
stop the Governor from running quarter-page ads with his picture on
it in the newspapers. MR. KREINHEDER responded that the
legislation only applies to application forms, warrants or direct
deposit notices.
Number 160
SENATOR MILLER moved SCS CSHB 462(STA) and the accompanying zero
fiscal note be passed out of committee with individual
recommendations. Hearing no objection, it was so ordered.
Number 175
SB 348 - RIGHTS OF CONSCIENCE PROTECTION
CHAIRMAN GREEN brought SB 348 before the committee as the next
order of business. There was a new proposed committee substitute
before the committee for its consideration.
SENATOR WARD moved adoption of CSSB 348(STA), version "F." There
being no objection, CHAIRMAN GREEN stated the committee substitute
was adopted as a working document.
SENATOR WARD moved CSSB 348(STA) and the accompanying zero fiscal
note be passed out of committee with individual recommendations.
Hearing no objection, it was so ordered.
CSHB 264(FIN) - NEGOTIATED REGULATION MAKING
CHAIRMAN GREEN brought CSHB 264(FIN) before the committee as the
final order of business.
WALT WILCOX, staff to Representative Jeannette James who is prime
sponsor of HB 264, said the legislation enables and encourages
negotiated regulation/rule making. Currently, negotiated
regulation making is in use by the Federal Government, the states
of Montana and Nebraska, as well as several other states.
Mr. Wilcox stated that the citizens of Alaska have been hounding
Representative James and the Administrative Regulation Review
Committee for changes in the regulation review process for several
years, and this is one solution wherein regulations that are very
complex can bring the impacted parties to the table prior to the
promulgation of the regulations, bringing in industry and other
interested parties to help formulate their ideas and policies for
the regulations before they are actually written.
Mr. Wilcox related that with the current process, the commissioner
promulgates the regulations and puts them out for public hearing
and they are somewhat cast in concrete. HB 264 will provide the
opportunity, especially in complex regulations such as air regs,
water regs and airport regs, to bring the impacted members in
first. The Administrative Procedures Act will be followed after
the process. It is purely a voluntary process to be used or not
used by the commissioner. Although it will cost more up front to
do, it appears that it will cost less in the long run.
Mr. Wilcox pointed out that the Administration is in support of HB
264, and he noted Deborah Behr of the Department of Law has been
working closely with the sponsor on the drafting of the
legislation.
Number 255
CHAIRMAN GREEN asked how the process works under negotiated rule
making.
DEBORAH BEHR, Assistant Attorney General, Department of Law, said
negotiated rule making is not what would be done in the average
rule making process because it involves calling a committee
together, having the committee meet, so it is intended to be for
the larger more complex projects.
Outlining the process, Ms. Behr explained that the commissioner
would decide, based on their factors, whether negotiated rule
making would be appropriate under the circumstance. After the
commissioner decides whether or not it is appropriate to have
negotiated rule making, the commissioner would give notice to the
public of the intent to set up a committee. Once the committee is
selected, the agency puts someone on the committee who could speak
for the department and would have a sense of what is going on
there. The committee meets in a public meeting and issues a report
if they reach consensus. If a committee consensus is not reached,
then there would be a majority and a minority report and the
commissioner could pick and choose what is appropriate. The
entire APA process is then initiated. The commissioner makes the
ultimate decision on the negotiated regulation and, at that point,
it goes to through the Department of Law for review before going to
the Lieutenant Governor's office.
Ms. Behr said the intent of negotiated regulation/rule making is to
bring more people into the process. She added that she is a firm
believer that the more people involved, the more information people
bring into the process, information that the committee might not
otherwise have access to in developing a regulation.
Number 333
PAM LA BOLLE, representing the Alaska State Chamber of Commerce,
stated they think the idea of the process of is commendable, but
they do have three concerns with the legislation. Those concerns
include:
(1) The legislation is open ended as far as a time frame. If the
negotiation process continued over a long period of time, a lot of
company time and resources could be eaten up;
(2) The individual serving on the committee at the start of a
negotiation process should be the same one who finishes that
process; and
(3) There is concern that if industry does not want to participate
in the process, a substitute for industry that doesn't really
adequately represent industry will be brought in and thereby
forcing the industry to come to the table.
Ms. La Bolle said the Alaska State Chamber would like to see some
parameters put on how large this process would become and how long
it could go on, and that it truly be voluntary so no one can be
forced to participate.
Number 396
SENATOR MACKIE asked Ms. La Bolle if she had discussed these
concerns with the sponsor and staff. MS. LA BOLLE answered that
she had not had the opportunity to do so as yet. MR. WILCOX said
he thought her concerns could be worked out with one small
amendment.
There being no further testimony on HB 264, CHAIRMAN GREEN stated
the legislation would be held in committee until the following week
for a possible amendment. She then adjourned the meeting at 4:12
p.m.
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