SENATE STATE AFFAIRS COMMITTEE February 10, 1998 3:37 p.m. MEMBERS PRESENT Senator Lyda Green, Chairman Senator Jerry Ward, Vice-Chairman Senator Mike Miller Senator Jim Duncan MEMBERS ABSENT Senator Jerry Mackie COMMITTEE CALENDAR SENATE BILL NO. 255 "An Act establishing the Joint Committee on Military Bases in Alaska; and providing for an effective date." - MOVED CSSB 255(STA) OUT OF COMMITTEE SENATE BILL NO. 275 "An Act relating to contributions to the governor, the lieutenant governor, and candidates for the offices of governor and lieutenant governor; and providing for an effective date." - ADOPTED CSSB 275(STA) AND HELD IN COMMITTEE SENATE BILL NO. 265 "An Act designating the moose as the state land mammal." - MOVED SB 265 OUT OF COMMITTEE CS FOR HOUSE BILL NO. 137(L&C) "An Act relating to veterinarians; extending the termination date of the Board of Veterinary Examiners; and providing for an effective date." - MOVED SCS CSHB 137(STA) OUT OF COMMITTEE PREVIOUS SENATE COMMITTEE ACTION SB 255 - No previous action to record. SB 275 - No previous action to record. SB 265 - No previous action to record. HB 137 - No previous action to record. WITNESS REGISTER Tim Benindtendi, Staff to Senator Tim Kelly State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Presented overview on SB 255 Chris Nelson 716 W. 4th Ave. Anchorage, AK 99501 POSITION STATEMENT: Offered information on SB 255 Ms. Portia Parker, Staff to Senator Mike Miller State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Presented overview on SB 275 Senator Dave Donley State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Offered information on SB 275 Ben Brown, Staff to Senator Tim Kelly State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Offered information on SB 275 Ms. Nancy Hillstrand P.O. Box 674 Homer, AK 99603 POSITION STATEMENT: Testified in support of SB 265 Senator John Torgerson State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Prime Sponsor of SB 265 The following students testified in support of SB 265: Blake Gabriel P.O. Box 2900 Kenai, AK 99611 Ms. Hannah West 36594 Baylor Soldotna, AK 99669 Ms. Janelle Drown P.O. Box 2447 Soldotna, AK 99669 Clyde Folley P.O. Box 3487 Soldotna, AK 99669 Remington West 36594 Baylor Soldotna, AK 99669 Ms. Elyse Dehlbom HC 3, Box 4686 D Soldotna, AK 99669 David Thornton 34649 K-Beach Road Soldotna, AK 99669 Ms. Jacqueline Cowan P.O. Box 2676 Soldotna, AK 99669 Ms. Annette Kreitzer State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Presented overview on SCS CSHB 137(STA) Dr. Jon Basler 3211 Shuttle Circle Anchorage, AK 99517 POSITION STATEMENT: Testified in support of SCS CSHB 137(STA) ACTION NARRATIVE TAPE 98-5, 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 Miller, Duncan, Ward and Green. SB 255 - JOINT TASK FORCE ON MILITARY BASES CHAIRMAN GREEN brought SB 255 before the committee as the first order of business and directed attention to a proposed State Affairs committee substitute. SENATOR MILLER moved the adoption of CSSB 255(STA), version "F" as a working draft. Hearing no objection, it was so ordered. TIM BENINTENDI, staff to Senator Tim Kelly who is the prime sponsor of SB 255, explained the legislation would establish a joint House and Senate committee to take up issues strictly dealing with military base closures in Alaska. It would focus upon, but not be limited to, activities of the Base Realignment and Closure Commission (BRAC), a federal entity which will likely be activated in the very near future. Mr. Benintendi said the attention by BRAC given to Alaska bases in the past presented a considerable challenge and necessitates vigilance and a strong and unified response from the Legislature. The military establishment in Alaska accounts for approximately $2.7 billion annually throughout Alaska's economy. In addition, the base closures experienced to date, Adak naval Air Facility and Fort Greely, have shown that the process requires considerable attention on the part of state government to monitor the economic impact and the reuse potential of such base closures. The joint committee would provide that critical focus. Mr. Benintendi related that the proposed committee substitute corrects the makeup of the commission to three members of the Senate, three members of the House, and three public members. Number 065 Responding to a question from CHAIRMAN GREEN, MR. BENINTENDI clarified that previously there was a task force composed solely of legislative members, as well as a contract with a private firm in Washington, D.C. to help with the process. Number 100 CHRIS NELSON, testifying via teleconference from Anchorage, confirmed that the Joint Task Force on Military Bases was established in 1994 in preparation for the 1995 Base Realignment and Closure Commission round. He said he thinks the establishment of a joint committee puts things on a more formal and long-term basis, as well as putting Alaska on a par with other states and other communities which are beginning to look at the BRAC 2001 and 2005 scenario that is now being proposed by the Secretary of Defense. Number 130 There being no further testimony on SB 255, CHAIRMAN GREEN asked for the pleasure of the committee. SENATOR WARD moved that CSSB 255(STA) and the accompanying fiscal note be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 142 SB 275 - FUND RAISING: GOV; LT. GOV; & CANDIDATES CHAIRMAN GREEN brought introduced SB 275 as the next order of business. There was a proposed draft committee substitute before the committee for its consideration. SENATOR WARD moved the adoption of CSSB 275(STA), version "H". Hearing no objection, the motion carried. PORTIA PARKER, a legislative aide to Senator Mike Miller who is the prime sponsor of SB 275, outlined the differences between the original bill and the draft committee substitute. In the original bill the change was conformed to current law, which in AS 15.13.072 separates member of the legislature and legislative staff but does not cover the governor, lieutenant governor, or candidates for governor or lieutenant in 074. It gets everyone under the same campaign financing rules, same restrictions, and same prohibitions during legislative session, special sessions, and for candidates during regular legislative sessions. The committee substitute cleans up the language in the statute so that any candidate, whether an incumbent or a challenger is under the same restrictions and rules for campaign fund raising, soliciting and accepting contributions during regular sessions and special sessions. Ms. Parker said there is an exception in the legislation for the 90 days immediately preceding a state election. She explained the reasoning for the exception is in the case where the legislature is called into special session two weeks before an election. The only time that there would be an exception to the ban on fund raising during any session, whether a regular session or a special session, would be when it is at least 90 days immediately preceding a state election. SENATOR WARD asked if there was any consideration given in the committee substitute for that time period where the legislature has adjourned but the governor still has the ability to veto and stop a piece of legislation completely. SENATOR MILLER acknowledged that it was discussed, but he pointed out that there have been some instances where bills have not been transmitted to the governor until long after a session adjourns. He said this approach keeps everyone on an equal footing. MS. PARKER added that just keeping track of when an individual can fund raise or can't fund raise depending on when a bill is transmitted would be an almost impossible task. CHAIRMAN GREEN pointed out there's only 15 days in the whole year after session adjourns and to the general election that would not fall within 90 days before an election, and she questioned if it necessary to keep that language in. MS. PARKER said the only reason would be to protect the potential for abuse of calling the legislature into session right before an election. Without the exemption for the 90 days, candidates and incumbents would be banned from fund raising any time the legislature was in a special session. CHAIRMAN GREEN suggested it would simpler to delete "special legislative session" from that language and just say "...may not solicit or accept a contribution while convened in regular session." MS. PARKER acknowledged that would be fine, but the only reason they want this language is because it covers the immediate sessions right after a regular session. SENATOR DAVE DONLEY noted that one other good reason for having that 90-day provision is that there is an emerging area of U.S. constitutional law under which the First Amendment has been interpreted as prohibiting overly restrictive fund raising time periods and some of those cases have extended beyond a year into the prior election year where courts have required that candidates be allowed to raise money in prior years. He believes that 90 days is a very conservative number of days to meet the First Amendment requirements that may be mandated by the courts under the U.S. Constitution. BEN BROWN, staff to Senator Tim Kelly, added that the drafter of the legislation thought that this solves the problem of the confusion with the definition of what a special session is, what a regular session is, and when a regular session is extended. Number 303 SENATOR MILLER suggested holding the legislation in committee until the following week because there was still some work being done with the drafter on the bill. CHAIRMAN GREEN stated the CSSB 275(STA) would be held over to the following week. Number 310 SB 265 - MOOSE AS STATE MAMMAL CHAIRMAN GREEN introduced SB 265 as the next order of business. SENATOR JOHN TORGERSON, prime sponsor of SB 265, said he was contacted by a parent who had done some research and found that there was not an official state land mammal identified in statute. She requested that Senator Torgerson help the students of Kalifornsky Beach Elementary School in going forward with legislation, as well as meeting with the students to explain the legislative process. He added that he wishes he could extend that same process to every school in the state, and even though this may be something that is not a very important statute, it is in the learning cycle. Number 335 CHAIRMAN GREEN stated testimony would be taken from witnesses waiting to testify over the teleconference network. NANCY HILLSTRAND, testifying from Homer, voiced her appreciation for the work done by the school in Kenai. She believes it is very important for students to be involved in the legislative process, and she suggested possibly getting students from other parts of the state involved in designating a state land mammal. Number 348 BLAKE GABRIEL, a fifth grade student at Kalifornsky Beach Elementary School in Soldotna, said several of the students from his school would be explaining their reasons for choosing the moose as the state land mammal. HANNAH WEST, a first grade student, said the moose specie in Alaska is not found in any other state in the United States. JANELLE DROWN, a first grade student, related that the moose is a gentle animal and it cares for its young for a full year. CLYDE FOLLEY, a sixth grade student, said the moose played an important role in Alaska's history. At one time, professional hunters supplied meat to mining camps. Moose are an important resource of food, clothing and tools to the Athabascan Indians. REMINGTON WEST, a second grade student, said another reason he thinks the moose is a good choice as the state mammal is because it is the hunted animal in Alaska, and as a food source, it provides 3.5 million pounds of meat to Alaska yearly. ELYSE DEHLBOM, a fifth grade student, pointed out that the many road kills that Alaskans face each year concerning the moose is not the fault of the moose. She said the Natives that lived here before us didn't have the roads and automobiles and the moose have not got used to the idea of these roads and automobiles. She also pointed out that the moose is found in 85 percent of the state. DAVID THORNTON, a sixth grade student, noted there are 170,000 moose in the state of Alaska. He said most tourists expect to see moose on a visit to Alaska, and they often do see and photograph them. He said that if the moose was the state mammal, we could expect to see an increased number of products with moose design, and this would be an economic boost to the state's economy. JACQUELINE COWAN, a sixth grade student, thanked the committee for listening to the students' testimony, and she urged the careful consideration of the school's choice of the moose for the state land mammal and its support SB 265. Number 404 There being no further testimony on SB 265, CHAIRMAN GREEN thanked the students for their testimony and then asked for the pleasure of the committee. SENATOR WARD moved that SB 265 be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 410 CSHB 137(L&C) - BOARD OF VETERINARY EXAMINERS; LICENSE CHAIRMAN GREEN brought CSHB 137(L&C) before the committee as the final order of business. She directed attention to a draft SCS CSHB 137(STA). SENATOR WARD moved the adoption of SCS CSHB 137(STA), version "B." Hearing no objection, the Chairman stated the committee substitute was adopted as a working document. ANNETTE KREITZER, staff to the Senate Labor & Commerce Committee, explained that SB 92, which is the companion piece of legislation on the Senate side to HB 137, moved out of the Senate Labor & Commerce Committee last session into the Senate State Affairs Committee and the House bill moved over to the Senate State Affairs Committee as well. During the interim, the Board of Veterinarians looked at the proposed language and came up with something that would work for all of them. The State Affairs SCS encompasses the debate of the board, veterinarians not on the board and the Department of Commerce & Economic Development. Ms. Kreitzer, addressing the differences between the new committee substitute and the bill passed by the House, directed attention to Section 2, subsection (a)(2), which was amended to ensure that a licensee before applying for a license has within the preceding five years passed the national exams approved by the board. She explained that this doesn't mean that they are limited to one exam. The board, in its consultation with national experts, has been told that there is a move nationwide to consolidate the two tests that are given now into one test in future, so they wanted to just deal with it prospectively now. Generally, graduates of veterinary schools will pass the national exams concurrent with graduation, but the board wanted that five-year requirement language on page 1, lines 13 and 14. Ms. Kreitzer said the change on page 2, lines 6 - 8 of the State Affairs SCS is a significant change from the House version. It adds the requirement that the applicant is in good standing, as defined by the board in regulation, instead of the previous requirement of passing a practical examination of skills if required by the board. A proposed regulation will encompass all of the items that are being deleted, and the bill, through the effective date, gives the board 18 months to accomplish this regulation. She added that nothing will change until the effective date. Section 3 sets out the requirements that a person seeking a temporary license must meet. It provides that the temporary licensee must have graduated from an accredited veterinary school or successfully completed the foreign veterinary graduate certification process, must be in good standing as defined in regulation, and must have paid all required fees. Section 4 amends the portions of AS 08.98.184 that deal with licensure by credentials for veterinarians who already are licensed in another state, territory, or country On page 3, lines 5 and 6, the State Affairs SCS removes the requirement that licensed veterinarians entering Alaska practice must past what is called the clinical competency test. Ms. Kreitzer said this was done after much discussion with national experts and much discussion among board members. They felt it wasn't necessary for veterinarians who were coming to Alaska as long as they passed the written Alaska exam. On page 3, lines 8 through 12 language is removed that speaks to what is good standing and puts it into regulation. Section 5 sets out the requirements that a person seeking a temporary permit must meet three of the same requirements as a temporary licensee. The person must have graduated from an accredited veterinary school, must be in good standing as defined in regulation, and must have paid all required fees. Sections 7 and 8 allow the board to begin work immediately on the regulations. Ms. Kreitzer said there was some concern that they wanted to have the direction and that they could have the ability on these regulations. Concluding her overview, Ms. Kreitzer said Section 9 provides that all changes to the testing and licensing of veterinarians take effect January 1, 2000. Number 488 MS. KREITZER, speaking to a proposed amendment to SCS CSHB 137(STA), explained that earlier in the day is was discovered that AS 08.98.140 speaks to the content of the examination and it spells out the National Board Examination Committee which they are trying to get rid of. To leave it in would directly conflict with what is in the committee substitute and the agreement with the board, the veterinarians and the department. Number 498 SENATOR MILLER moved the adoption of the following amendment to SCS CSHB 137(STA). Hearing no objection, CHAIRMAN GREEN stated the amendment was adopted and would be incorporated into the SCS. Amendment No. 1 Page 3, line 11: Insert AS 08.98.140 is repealed Number 510 MS. KREITZER commented that she has followed this issue through with the Senate Labor & Commerce Committee and has been in contact with all the veterinarians, the Senate State Affairs staff, the Board of Veterinarians and the department to ensure that everyone has come to a consensus. She said although she cannot say that every veterinarian in the state will be happy, she has not talked to one who has opposed the legislation. Number 520 SENATOR WARD moved SCS CSHB 137(STA), as amended, and the accompanying zero fiscal note be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 528 DR. JON BASLER, testifying via teleconference from Anchorage, informed the committee that he is the immediate past president of the Alaska Veterinary Medical Association, and when he testified on HB 137 bill last year, there was concern among the veterinarians for it. However, he said the changes that have been proposed by the Board of Veterinarians Examiners are within the parameters of what has been discussed at their meetings and all of the major concerns have been addressed. As a current member of the executive board of the Alaska Veterinary Medical Association, he said the association backs the bill as it is currently written. There being no further business to come before the committee, CHAIRMAN GREEN adjourned the meeting at 4:20 p.m.