Legislature(2003 - 2004)
04/24/2003 03:40 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
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ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 24, 2003
3:40 p.m.
MEMBERS PRESENT
Senator Gary Stevens, Chair
Senator Fred Dyson
Senator Gretchen Guess
MEMBERS ABSENT
Senator John Cowdery, Vice Chair
Senator Lyman Hoffman
COMMITTEE CALENDAR
CS FOR HOUSE CONCURRENT RESOLUTION NO. 11(FSH) am
Relating to Alaska Wild Salmon Week, June 30 - July 4, 2003.
MOVED CS HCR 11(FSH) am OUT OF COMMITTEE
SENATE BILL NO. 63
"An Act relating to municipal property taxation in annexed and
detached areas; and providing for an effective date."
HEARD AND HELD
SENATE BILL NO. 46
"An Act relating to stalking and to violating a protective
order; and amending Rules 4 and 65, Alaska Rules of Civil
Procedure, and Rule 9, Alaska Rules of Administration."
SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 1
"An Act relating to stalking and to violating a protective
order; and amending Rules 4 and 65, Alaska Rules of Civil
Procedure, and Rule 9, Alaska Rules of Administration."
MOVED HB 1 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 109(STA)
"An Act relating to the limitation on payment of state treasury
warrants; and providing for an effective date."
MOVED CSHB 109(STA) OUT OF COMMITTEE
PREVIOUS ACTION
HCR 11 - No previous action to record.
SB 63 - See CRA minutes dated 2/26/03.
HB 1 - No previous action to record.
HB 109 - No previous action to record.
WITNESS REGISTER
Representative Kelly Wolf
Alaska State Capitol, Room 418
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor HCR 11
Mary Jackson
Staff to Senator Thomas Wagoner
Alaska State Capitol, Room 427
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 63
Mary Griswold
Homer, AK 99603
POSITION STATEMENT: Testified on SB 63
Dan Bockhorst
Local Boundary Commission
Department of Community & Economic Development
550 West Seventh Avenue, Suite
Anchorage, Alaska 99501-3510
POSITION STATEMENT: Testified on SB 63
Darroll Hargraves
Chair, Local Boundary Commission
Department of Community & Economic Development
550 West Seventh Avenue, Suite
Anchorage, Alaska 99501-3510
POSITION STATEMENT: Testified on SB 63
Dr. Douglas Stark
No address provided
POSITION STATEMENT: Testified on SB 63
Representative Cheryll Heinze
Alaska State Capitol, Room 416
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor HB 1
Mary Wells
No address provided
POSITION STATEMENT: Testified on HB 1
Linda Sylvester
Staff to Representative Bruce Weyhrauch
Alaska State Capitol, Room 102
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 109
Joe Thomas
Department of Administration
PO Box 110200
Juneau, AK 99811-0200
POSITION STATEMENT: Answered questions on HB 109
Rachel Lewis
Department of Revenue
PO Box 110400
Juneau, AK 99811-0400
POSITION STATEMENT: Answered questions on HB 109
ACTION NARRATIVE
TAPE 03-21, SIDE A
CHAIR GARY STEVENS called the Senate State Affairs Standing
Committee meeting to order at 3:40 p.m. Present were Senators
Dyson, Guess and Chair Gary Stevens.
The first order of business was HCR 11.
HCR 11-ALASKA WILD SALMON WEEK
REPRESENTATIVE KELLY WOLF, bill sponsor, read the sponsor
statement:
Alaska is the largest commercial wild salmon fishery
in the world and employs more than 29,000 people.
Nearly 95 percent of all commercially caught salmon in
the US are harvested in Alaska. In the last decade,
state salmon harvests totaled more than $4.5 billion,
making salmon extremely vital to Alaska's economy.
For both visitors and Alaskans, the sport of fishing
is one of the most popular activities in the state.
Last year, approximately 448,000 resident and non-
resident licenses were issued for sport fishing.
Beyond the importance of commercial and sport fishing,
salmon has been a nutritional source for generations
of Alaskans and is a large part of the state's
heritage. Rich in Omega 3 oils, salmon is a healthy
food that can help lower cholesterol and reduce the
risk of heart disease.
HCR 11 would proclaim July 2, 2003 as 'Alaska Salmon
Day.' This proclamation will recognize the salmon
industry as a huge part of all Alaskan's lives and
raise public awareness of one of Alaska's most
important industries by promoting and celebrating the
catching and eating of salmon.
CHAIR GARY STEVENS noted the Lieutenant Governor asked for it to
be Alaska Salmon month, Representative Wolf asks it to be Alaska
Salmon Week and the resolution speaks of Alaska Salmon Day on
July 2, 2003.
REPRESENTATIVE WOLF replied the CS \I.A version calls for a week
of celebration.
SENATOR FRED DYSON made a motion to move CSHCR 11 \I.A version
from committee with individual recommendations and attached zero
fiscal note. There being no objection, it was so ordered.
SB 63-MUNICIPAL ANNEXATIONS AND DETACHMENTS
MARY JACKSON, staff to Senator Thomas Wagoner, explained this
bill was introduced as a result of the contentious Homer
annexation that raised the question of when the taxation of an
annexed area would begin. This bill remedies the question and
sets it in statute.
The Local Boundary Commission (LBC) reviewed original draft
legislation in September 2002 and recommended additional issues
be addressed in the bill. The new LBC concurred with the bill,
but requested it be expanded to include new incorporations as
well. The bill was amended and the proposed CS is the product.
CHAIR GARY STEVENS asked for a motion to adopt the CS as the
working document.
SENATOR GRETCHEN GUESS made a motion to adopt CSSB 63 \H version
as the working document. There was no objection.
MS. JACKSON explained the LBC supports the \H version that makes
the following changes:
· Section 1 extends the same time restrictions for annexed
areas in the current bill to newly incorporated areas.
· The CS deletes the immediate effective date that was in
the original bill.
In addition, the LBC asked for intent language and the legal
department was in the process of drafting an amendment to
accommodate the request.
CHAIR GARY STEVENS said he would hold the bill until the
amendment was available, but he would take public testimony that
day.
MARY GRISWOLD from Homer testified in support of the CS because
it clarifies in statute in cases of incorporation, annexation,
and detachments that property taxes accrue in full each January
1. It's consistent with existing policy across the state for
assessing property and adding new property to the tax rolls.
With many annexations there is also a corresponding detachment
from another government. Using January 1 as a cutoff date to
establish value and jurisdiction provides less disruption.
During the transition period, the government that is providing
services can be appropriately compensated through a contract
agreement worked out in the transition plans.
If the LBC was able to direct municipalities to levy taxes on
property within their jurisdiction as of any date other than
January 1, serious conflicts could arise. Also, adopting SB 63
without including incorporations risks multiple taxation when an
area within a service area of an organized borough incorporates
as a city before July 1. If the city levies taxes in the initial
year following incorporation while the taxes in the detached
area of the borough remain in effect, the property owners in the
new city would be taxed twice.
DAN BOCKHORST, staff to the LBC, advised the commission wrote a
letter to the Chair expressing three concerns regarding the
original legislation. Two were addressed in the CS and the third
issue is the subject of the proposed amendment Ms. Jackson spoke
to. He preferred to defer his comments until the amendment was
available for review.
DARROLL HARGRAVES said he sent a letter to the Chair on 4/23
addressed satisfactorily in the CS.
CHAIR GARY STEVENS acknowledged the letter was in the file and
advised the committee would take action on the bill when they
had the intent language from Legislative Legal.
DR. DOUGLAS STARK from Homer testified in support of SB 63.
CHAIR GARY STEVENS held SB 63 in committee.
HB 1-STALKING & PROTECTIVE ORDERS
REPRESENTATIVE CHERYLL HEINZE, bill sponsor, paraphrased the
sponsor statement:
HB 1 closes a dangerous loophole in the Alaska
statutes, by allowing unacquainted victims of stalking
to enjoy the security of a judicial protective order.
Current law provides protection to those in domestic
situations and minor children, but enjoins the victims
of strangers from equal protection of the law. HB 1
allows the victims of stalking to seek and obtain a
protective order in cases of stalking that are not
crimes involving domestic violence. The bill
streamlines the process for public safety and judicial
practitioners by harmonizing the arrest and
notification procedures to mirror those already in
place for domestic violence situations. The bill adds
the crime of violation of a child protective order and
of a violation of a stalking protective order; these
changes also reflect existing practitioner procedures.
There were no questions.
MARY WELLS testified via teleconference from Anchorage to relate
a story about a man who stalked her family for a three-month
period in 2001. Because the man was not a relative or domestic
partner, she had no legal standing to obtain a protective order.
This bill would remedy that loophole.
REPRESENTATIVE HEINZE stated she, too, was stalked during her
campaign. It was a terrifying experience and the police were
unable to offer any real help.
CHAIR GARY STEVENS said there isn't any protection unless there
is a family connection.
SENATOR GRETCHEN GUESS replied it goes farther than that. There
isn't any protection unless it is a domestic violence situation,
which makes it very restrictive.
CHAIR GARY STEVENS asked for a motion.
SENATOR GUESS made a motion to move HB 1 from committee with
individual recommendations and attached zero fiscal notes. There
being no objection, it was so ordered.
HB 109-TREASURY WARRANTS/LAPSED APPROPRIATIONS
LINDA SYLVESTER, staff to Representative Bruce Weyhrauch,
explained this bill was introduced at the request of Governor
Murkowski and would help the Department of Administration by
updating certain accounting procedures.
State warrants currently become stale dated after two years and
claims for payment of these warrants must be done through the
supplemental budget process. HB 109 drops the time from two
years to six months and, instead of being handled through the
supplemental budget process, all stale dated checks would go to
the unclaimed property fund. The process would be expedited and
the funds could be presented to the claimant at any time. In
addition, miscellaneous claims that are older than one year are
also addressed and would no longer be paid from the supplemental
budget.
JOE THOMAS, State Accountant with the Department of
Administration, advised he was available to answer questions. HB
109 would expedite the payment process for stale dated warrants
and miscellaneous claims.
CHAIR GARY STEVENS asked if money from stale dated warrants is
transferred to the Unclaimed Property Section.
MR. THOMAS explained the current process is that a stale dated
warrant stays in the general fund. When a claim is made, money
must be appropriated for that claim to be paid. If HB 109
becomes law, monies from stale dated checks and miscellaneous
expenses would be turned over to the Unclaimed Property Section
and they would publish the names of those with unclaimed
property. The individual could then come forward and receive
payment.
CHAIR GARY STEVENS asked if the money stays in the Unclaimed
Property Section forever.
MR. THOMAS deferred the question to Rachel Lewis.
RACHEL LEWIS, Administrator of the Unclaimed Property Program,
said this bill brings the process in line with AS 34.45.230. Any
un-cashed state, local or municipal government checks should be
turned over to the Alaska Department of Revenue after one year.
This hasn't worked because the stale date for those checks was
two years. HB 109 would stale date checks after six months and
agencies would then get a list of stale dated warrants to
review. The Unclaimed Property Program would then receive a list
of names to publish and they would keep the data in perpetuity.
Not all unclaimed money is claimed and Alaska is able to use the
money until the claimant comes forward. She advised she
typically transfers 75 to 80 percent of the monies into the
general fund and the balance is kept to pay claims.
SENATOR FRED DYSON asked what this amounted to in a year.
MS. LEWIS replied approximately $3 million in cash and because
they are able to liquidate stocks and bonds after three years,
she probably sells $.5 million in securities every three years.
She estimated she transfers between $3 million and $5 million a
year into the general fund.
SENATOR DYSON asked if they receive other types of assets.
MS. LEWIS said they don't get tangible property other than safe
deposit contents.
CHAIR GARY STEVENS asked if interest accrues on unpaid warrants.
MS. LEWIS advised they only pay interest if they receive an
interest bearing account and they would pay interest on those
for up to ten years. Savings accounts are about the only
accounts of that type, but they do pay dividends and proceeds
from stocks that accrue while held in the original format.
CHAIR GARY STEVENS asked for a motion.
SENATOR GRETCHEN GUESS made a motion to move HB 109 from
committee with individual recommendations and attached zero
fiscal note. There being no objection, it was so ordered.
There being no further business to come before the committee,
Chair Gary Stevens adjourned the meeting at 4:30 p.m.
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