HOUSE STATE AFFAIRS STANDING COMMITTEE February 6, 1993 8:00 a.m. MEMBERS PRESENT Representative Al Vezey, Chairman Representative Gary Davis Representative Fran Ulmer Representative Jerry Sanders MEMBERS ABSENT Representative Pete Kott, Vice Chairman Representative Harley Olberg Representative Bettye Davis COMMITTEE CALENDAR *HJR 24 Relating to the shortage of adequate housing for military personnel and their dependents, directing the Alaska Housing Fiance Corporation and certain municipalities to develop a joint program for improving the inventory of housing for those personnel, and urging the governor and the commissioner of natural resources to identify state land that might be made available for that housing. MOVED OUT OF COMMITTEE WITH A DO PASS RECOMMENDATION HB 43 "An Act relating to Crime of Conspiracy." MOVED OUT OF COMMITTEE WITH INDIVIDUAL RECOMMENDATIONS HB 69 "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." CSHB 69 MOVED OUT OF COMMITTEE WITH A DO PASS RECOMMENDATION HB 36: "An Act relating to retirement incentive programs for the public employees' retirement system, the teachers' retirement system, and certain persons under the judicial retirement system; and providing for an effective date." HELD IN COMMITTEE FOR FURTHER CONSIDERATION HB 47: "An Act relating to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public." HELD IN COMMITTEE FOR FURTHER CONSIDERATION HJR 3: Proposing amendments to the Constitution of the State of Alaska limiting tenure in the legislature. NOT HEARD HJR 4: Proposing amendments to the Constitution of the State of Alaska limiting tenure in the legislature. NOT HEARD HB 17: "An Act limiting tenure in the legislature." NOT HEARD (* first public hearing) WITNESS REGISTER Howard Joyce, Legislative Aide to Representative Eldon Mulder State Capitol, Room 116 Juneau, Alaska 99801-1182 465-2647 Position Statement: Gave an overview of HJR 24 Charles Mallott Ketchikan Police Department 361 Main Street Ketchikan, AK 99901 225-6631 Position Statement: Supported HB 69 Kathy Hankins 303 E. Bayview Ave Homer, AK 99603 235-7339 Position Statement: Supported HB 69 Doug Wooliver, Legislative Aide to Representative Ramona Barnes State Capitol, Room 208 Juneau, Alaska 99801-1182 465-3438 Position Statement: Discussed registration time for offenders Gigi Pilcher Women in Safe Homes P.O. Box 6552 Ketchikan, AK 99901 225-0202 Position Statement: Supported HB 69 Bill Elberson Chamber of Commerce 2442 Tongass Ketchikan, AK 99901 225-6191 Position Statement: Supported HB 69 Meredith Marshall, District Attorney 429 Edmond Street Ketchikan, AK 99901 225-3877 Position Statement: Supported HB 69 Linda Meyers P.O. Box 131 Homer, AK 99603 235-5304 Position Statement: Supported HB 69 Darlene Morgan 427 Alder Street Ketchikan, AK 99901 225-4057 Position Statement: Supported HB 69 Al Meyers P.O. Box 131 Homer, AK 99603 235-7339 Position Statement: Supported HB 69 Terry Steward 427 Alder Street Ketchikan, AK 99901 225-4057 Position Statement: Supported HB 69 Andrea Jacobsen Ketchikan Police Department 15 Wood Road Ketchikan, AK 99901 225-5934 Position Statement: Supported HB 69 John Dempsey P.O. Box 9156 Ketchikan, AK 99901 225-8787 Position Statement: Discussed after care of offenders Dave Chatterton 801 W. Winter Wasilla, AK 99754 Position Statement: Indiscernible Thais Thomas, Teacher Anchorage, AK Position Statement: Supported HB 36 Gene Smart, Teacher Nikiski, Alaska 99635 Position Statement: Supported HB 36 Patrick Williams Palmer Correctional Center HB 02 Box 7042 Palmer, AK 99745 745-7137 Position Statement: Supported HB 36 Bill Munroe 2950 Mariann's Way Wasilla, AK 99654 Position Statement: Supported HB 36 Frank Price Inland Boatmen's Association Position Statement: Supported HB 36 Tom Anderson, Legislative Aide to Representative Terry Martin State Capitol, Room 411 Juneau, Alaska 99801-1182 465-3783 Position Statement: Gave an overview of HB 47 Chip Thoma Two Marine Way Juneau, Alaska 9801 Position Statement: Indiscernible PREVIOUS ACTION BILL: HJR 24 SHORT TITLE: MILITARY HOUSING SHORTAGE BILL VERSION: SCS HJR 24(STA) AM S SPONSOR(S): REPRESENTATIVE(S) MULDER,Barnes,Foster,Hudson, Willis,James,Porter,Brown,Toohey,Kott,Bunde,Hanley,Larson; SENATOR(S) Phillips,Kelly TITLE: Relating to adequate housing for military personnel and their dependents, directing the Alaska Housing Finance Corporation and certain municipalities to develop a joint program for improving the inventory of housing for those personnel, and urging the governor, the commissioner of natural resources, and local officials to identify public land that might be made available for that housing. JRN-DATE JRN-PG ACTION 02/03/93 212 (H) READ THE FIRST TIME/REFERRAL(S) 02/03/93 212 (H) STATE AFFAIRS 02/03/93 222 (H) STA WAIVED PUBLIC HEARING NOTICE,RULE 23 02/06/93 (H) STA AT 08:00 AM CAPITOL 102 BILL: HB 43 SHORT TITLE: CRIME OF CONSPIRACY BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) PORTER,Phillips,Olberg,B.Davis TITLE: "An Act relating to the crime of conspiracy." JRN-DATE JRN-PG ACTION 01/11/93 35 (H) READ THE FIRST TIME/ REFERRAL(S) 01/11/93 35 (H) STATE AFFAIRS, JUDICIARY, FINANCE 01/18/93 102 (H) COSPONSOR(S): OLBERG 02/02/93 (H) STA AT 08:00 AM CAPITOL 102 02/02/93 (H) MINUTE(STA) 02/03/93 223 (H) COSPONSOR(S): B.DAVIS 02/04/93 (H) STA AT 08:00 AM CAPITOL 102 BILL: HB 69 SHORT TITLE: SEX OFFENDER REGISTRATION BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) BARNES,Ulmer,Phillips, Nordlund,Porter,Olberg,James,B.Davis,Green, Sanders,Toohey TITLE: "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." JRN-DATE JRN-PG ACTION 01/15/93 89 (H) READ THE FIRST TIME/REFERRAL(S) 01/15/93 90 (H) STATE AFFAIRS, JUDICIARY, FINANCE 01/27/93 169 (H) COSPONSOR(S): NORDLUND 01/29/93 183 (H) COSPONSOR(S): PORTER 02/01/93 202 (H) COSPONSOR(S): OLBERG, JAMES, B.DAVIS 02/02/93 (H) STA AT 08:00 AM CAPITOL 102 02/02/93 (H) MINUTE(STA) 02/03/93 223 (H) COSPONSOR(S): GREEN, SANDERS, TOOHEY 02/04/93 (H) STA AT 08:00 AM CAPITOL 102 02/06/93 (H) STA AT 08:00 AM CAPITOL 102 BILL: HB 36 SHORT TITLE: RETIREMENT INCENTIVE PROGRAM BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) MACKIE,Hudson,Ulmer,B.Davis, Brice TITLE: "An Act relating to retirement incentive programs for the public employees' retirement system, the teachers' retirement system, and certain persons under the judicial retirement system; and providing for an effective date." JRN-DATE JRN-PG ACTION 01/08/93 33 (H) PREFILE RELEASED 01/11/93 33 (H) READ THE FIRST TIME/REFERRAL(S) 01/11/93 33 (H) STATE AFFAIRS, LABOR & COMMERCE, FINANCE 01/28/93 (H) STA AT 08:00 AM CAPITOL 102 01/28/93 (H) MINUTE(STA) 01/28/93 (H) MINUTE(STA) 01/29/93 182 (H) COSPONSOR(S): HUDSON- FIRST COSPONSOR 01/29/93 182 (H) COSPONSOR(S): B.DAVIS, BRICE 01/30/93 (H) STA AT 08:00 AM CAPITOL 102 01/30/93 (H) MINUTE(STA) 01/30/93 (H) MINUTE(STA) 02/02/93 (H) MINUTE(STA) 02/04/93 (H) STA AT 08:00 AM CAPITOL 102 02/06/93 (H) STA AT 08:00 AM CAPITOL 102 BILL: HB 47 SHORT TITLE: ABSENTEE BALLOTS - PRIMARY ELECTIONS BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) MARTIN TITLE: "An Act relating to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public." JRN-DATE JRN-PG ACTION 01/12/93 43 (H) READ THE FIRST TIME/REFERRAL(S) 01/12/93 43 (H) STATE AFFAIRS, JUDICIARY, FINANCE 01/28/93 (H) STA AT 08:00 AM CAPITOL 102 01/30/93 (H) STA AT 08:00 AM CAPITOL 102 01/30/93 (H) MINUTE(STA) 02/04/93 (H) STA AT 08:00 AM CAPITOL 102 02/06/93 (H) STA AT 08:00 AM CAPITOL 102 BILL: HJR 3 SHORT TITLE: LIMITING TERMS OF LEGISLATORS BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) MARTIN,Kott TITLE: Proposing amendments to the Constitution of the State of Alaska limiting tenure in the legislature. JRN-DATE JRN-PG ACTION 01/04/93 22 (H) PREFILE RELEASED 01/11/93 22 (H) READ THE FIRST TIME/REFERRAL(S) 01/11/93 22 (H) STATE AFFAIRS, JUDICIARY, FINANCE 01/26/93 (H) STA AT 08:00 AM CAPITOL 102 01/26/93 (H) MINUTE(STA) 01/26/93 (H) MINUTE(STA) 01/26/93 (H) MINUTE(STA) 01/26/93 (H) MINUTE(STA) 01/30/93 (H) STA AT 08:00 AM CAPITOL 102 01/30/93 (H) MINUTE(STA) 02/06/93 (H) STA AT 08:00 AM CAPITOL 102 BILL: HJR 4 SHORT TITLE: LIMITING TERMS OF LEGISLATORS BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) NORDLUND,Carney TITLE: Proposing amendments to the Constitution of the State of Alaska limiting tenure in the legislature. JRN-DATE JRN-PG ACTION 01/04/93 22 (H) PREFILE RELEASED 01/11/93 22 (H) READ THE FIRST TIME/REFERRAL(S) 01/11/93 22 (H) STATE AFFAIRS, JUDICIARY, FINANCE 01/22/93 143 (H) COSPONSOR(S): CARNEY 01/26/93 (H) STA AT 08:00 AM CAPITOL 102 01/26/93 (H) MINUTE(STA) 01/26/93 (H) MINUTE(STA) 01/30/93 (H) STA AT 08:00 AM CAPITOL 102 01/30/93 (H) MINUTE(STA) 02/06/93 (H) STA AT 08:00 AM CAPITOL 102 BILL: HB 17 SHORT TITLE: LIMITING TERMS OF LEGISLATURE BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) MARTIN TITLE: "An Act limiting tenure in the legislature." JRN-DATE JRN-PG ACTION 01/04/93 28 (H) PREFILE RELEASED 01/11/93 29 (H) READ THE FIRST TIME/REFERRAL(S) 01/11/93 29 (H) STATE AFFAIRS, JUDICIARY, FINANCE 01/26/93 (H) STA AT 08:00 AM CAPITOL 102 01/26/93 (H) MINUTE(STA) 01/30/93 (H) STA AT 08:00 AM CAPITOL 102 01/30/93 (H) MINUTE(STA) 02/06/93 (H) STA AT 08:00 AM CAPITOL 102 ACTION NARRATIVE TAPE 93-13, SIDE A Number 000 -- TAPE BLANK -- MEETING NOT RECORDED CHAIRMAN AL VEZEY called the seventh meeting of the House State Affairs Committee to order on Saturday, February 6, 1993, at 8:02 a.m., and noted a quorum was present. HJR 24: MILITARY HOUSING SHORTAGE CHAIRMAN VEZEY stated the meeting was being teleconferenced to Fairbanks, Anchorage, Soldotna, Mat-Su, Ketchikan and Sitka. He read the title of HJR 24 and invited comments. HOWARD JOYCE, LEGISLATIVE AIDE TO REPRESENTATIVE ELDON MULDER, PRIME SPONSOR of HJR 24, gave an overview of the resolution, which required the Alaska Housing Finance Corporation (AHFC), and certain municipalities to come up with a solution to the military housing shortage in Alaska. He advised that HJR 24 had been put together by General Cox, Commissioner of the Department of Military and Veterans Affairs, Representative Mulder and Senator Stevens. He said that according to Senator Stevens, Anchorage and Fairbanks did not meet the housing criteria of the Department of Defense, so there was a chance that Alaskan military bases could be closed. MR. JOYCE alleged the Base Relocation and Closure Commission had been formed and would meet soon to begin to review bases for closure. Studies in Anchorage and Fairbanks had shown that approximately 50 percent of off-base military personnel were unsuitably housed, he said, and the majority of those were noncommissioned officers and enlisted personnel. In Anchorage, a study had shown the market had enough one and two bedroom housing but not enough three and four bedroom units, while in Fairbanks, an eight hundred and one housing unit had been authorized, he disclosed. MR. JOYCE added the 801 housing unit was a program where a private developer constructed housing which would then be leased to the military for 20-25 year periods. He disclosed Ben Lomon Construction had been awarded the contract in September, 1991, but had been unable to obtain long-term financing. MR. JOYCE stated it was the sponsors' intent for the AHFC to come up with regulations or a plan that would allow private developers to invest and provide the housing. He stated also that Senator Stevens had requested HJR 24 be passed as soon as possible, because if Alaska wanted the military bases to remain open, adequate military housing must be available. CHAIRMAN VEZEY summarized HJR 24 for the committee. He alleged the Governor worked with the Department of Natural Resource to "pull this through." REPRESENTATIVE GARY DAVIS said, "This creates a condition that is the bases in Alaska. We have the mechanism to build if state decides." CHAIRMAN VEZEY explained HJR 24. MR. JOYCE stated HJR 24 was a proposal for showing of commitment, and suggested striking a word on page 6 and putting in an amendment. CHAIRMAN VEZEY thanked Mr. Joyce for his testimony. He asked if any person wished to testify on HJR 24. He then MOTIONED to AMEND. REPRESENTATIVE G. DAVIS MOTIONED to move HJR 24 out of committee. Roll was taken and the vote to pass was unanimously yes. HB 43: CRIME OF CONSPIRACY CHAIRMAN VEZEY asked if there was any testimony on HB 43. Hearing none, REPRESENTATIVE G. DAVIS MOTIONED to move HB 43 out of committee. Roll was taken and the vote to pass was unanimously yes. HB 69: SEX OFFENDER REGISTRATION Number 368 CHARLES MALLOT, KETCHIKAN POLICE DEPARTMENT, spoke in support of HB 69. He said, "It would be extremely helpful to us, and I feel the maximum amount of time should be 30 days." Number 476 KATHY HANKINS spoke in support of HB 69. There was further discussion with Doug Wooliver, Representative Ulmer, Chairman Vezey, and Ms. Hankins regarding the length of time records would be kept on file. MS. HANKINS felt the concern was on days. She supported the idea to lessen the time to two weeks to register and payment of the registration fees by offenders. DOUG WOOLIVER, LEGISLATIVE AIDE TO RAMONA BARNES, PRIME SPONSOR of HB 69, discussed the time for offenders to register. Shorten time frame, like the state of Washington, upon release to 10 days after. Shorten up those times to register. GIGI PILCHER spoke in favor of HB 69. She shared concern about out-of-state offenders, and felt the time change to be lowered for out-of-state offenders. She said, "What is the point of HB 69 without a prosecutor? They cannot get cases prosecuted because there is no budget in Ketchikan." BILL ELBERSON, KETCHIKAN CHAMBER OF COMMERCE, spoke in favor of HB 69. He asked to stop the violence on women and children of Ketchikan and said, "They deserve the freedom of unreasonable fear. This freedom is not possible with sex offenders out." Number 538 MEREDITH MARSHALL, KETCHIKAN DISTRICT ATTORNEY, said Ketchikan had only two district attorneys' and they needed more support. Number 558 LINDA MEYERS spoke in support of HB 69. She said, "Assist our law enforcement agencies. Offenders should pay to register. It would remind criminals how serious this is." She requested more money for the Department of Law, and stated 45 days was too long and 30 days maximum to register was more appropriate. CHAIRMAN VEZEY discussed registration. He suggested providing a system of registration adopted by other states, and stated that we needed to be careful of this adoption. Number 601 DARLENE MORGAN spoke in support of HB 69. AL MEYERS spoke in support of HB 69 and requested funding for the Department of Law. TERRY STEWARD spoke in support of HB 69. He said, "As a concerned citizen for registration, I think we should code drivers licenses for law to know if stopped." ANDREA JACOBSEN spoke in support of HB 69. She said, "There is no limit to registration. There is no cure for this deviance. Information and a photograph should be known to the public. The time limit should be decreased. Convictions should not have this long of a time factor in order to register as a sex offender." JOHN DEMPSEY who worked with sex offenders for nine years discussed after care for the improvement of the offender. MS. MARSHALL spoke in support of HB 69. TAPE 93-13, SIDE B Number 000 REPRESENTATIVE FRAN ULMER made a MOTION to ADOPT CSHB 69. Passed out on 4-0 vote to Judiciary Committee. HB 36: RETIREMENT INCENTIVE PROGRAM DAVE CHATTERTON said HB 36 resulted in millions of dollars being saved in previous years. THAIS THOMAS, a teacher, said, "I won't be able to participate, but I am speaking on behalf of my friends. There are people who have put in a lot of years teaching. HB 36 provides the possibility to enhance their options to make choices." Number 678 GENE SMART, NIKISKI TEACHER, provided information obtained from an audit report. RIP program 82 saved 2 million in 89, saved almost 2 million. Section 2 part B of bill 93-94, was a shortfall of the budget. We have no money to hire additional teachers. I quote "No teaching positions," inabilities. Pretty scary, when $46,000 out of the equipment. Two teacher positions will be cut. Affording one for each five budget teachers. All be in favor of HB 36. Last Saturday's excerpt, Terry Martin said it was a brain drain. First and second year teachers may lose their jobs. It will save our district lots of money. University of Alaska's alumni supported, instead of seeing graduates go elsewhere, they'll have incentive to stay in our state and teach. CHAIRMAN VEZEY encouraged written testimony. REPRESENTATIVE G. DAVIS asked, "Do you have the number of who is eligible for RIP this year, should it pass?" MR. SMART replied "Around 50-80 teachers." PATRICK WILLIAMS, PALMER CORRECTIONAL CENTER, spoke in support of HB 36. He said, "This will help alleviate burnout which creates inefficiency." BILL MUNROE who was representing 100 employees, stated HB 36 would save a great deal of money, and the money could be used to hire new teachers. FRANK PRICE, testified on behalf of INLAND BOATMEN'S ASSOCIATION, which represents unlicensed crewmen of the Alaska Marine Highway, in favor of HB 36. He said, "If the bill passed everyone will not be able to use it. We can only use it to save money. Why not pass it if it can only save money?" Number 347 HB 47: ABSENTEE BALLOTS -- PRIMARY ELECTIONS Number 357 TOM ANDERSON, LEGISLATIVE AIDE TO REPRESENTATIVE TERRY MARTIN, PRIME SPONSOR of HB 47 said, "We found constituents did not receive the right ballots." He referenced the decision on Zawacki vs. State. He stated Representative Martin opted to change the law, but those not choosing open ballots were disenfranchised because they still received the open ballot (wanted closed Republican, but was sent an open ballot). He said, "A person who does not signify gets all the ballots allowed by party by-laws. Example: Democrats will not be sent Republican ballot. It is a felony if both ballots be sent back, even if unused." REPRESENTATIVE ULMER asked "Where is the section that says it is a felony to mark both ballots?" CHAIRMAN VEZEY, "I do not recall it to be a felony." MR. ANDERSON, "I do believe it to be a felony though. I will inquire with legal services." REPRESENTATIVE ULMER, "I just wonder about confusion, if not fraud. I would like info on this, therefore, I have questions concerning how it works." Number 455 CHAIRMAN VEZEY added if republican party said others could not vote in their primary, or if included republican party candidates. MR. ANDERSON, "If they did not mark the desired ballot, they (and Republican) would receive all allowable ballots. At present, this is not the case." CHAIRMAN VEZEY, "Don't refer to Democrat ballot as other ballot." Number 525 CHIP TOMA, a former employee of the Division of Elections, said, "Let elections devise a plan for this. Save expense. You are confusing the issue with this. Situations do work themselves out." ADJOURNMENT CHAIRMAN VEZEY, with no further comments on terms limit bill, stated a proposal was being drafted. He then adjourned the meeting at 9:29 a.m.