ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
May 1, 2004
4:14 p.m.
TAPE (S) 04-30&31
MEMBERS PRESENT
Senator Gary Stevens, Chair
Senator John Cowdery, Vice Chair
Senator Bert Stedman
Senator Gretchen Guess
MEMBERS ABSENT
Senator Lyman Hoffman
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 34
Sending a message of goodwill to President Chen Shui-bian, and
reaffirming the Alaska State Legislature's 2003 resolution
urging the United States Congress to support the granting of
official Observer Status to the Republic of China and to support
negotiation of a free trade agreement with the Republic of
China.
MOVED CSSJR 34(WTR) OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 25
Relating to state agency construction and maintenance contracts
throughout the state.
REMOVED FROM AGENDA
HOUSE BILL NO. 379
"An Act establishing an office of citizenship assistance in the
Department of Labor and Workforce Development."
MOVED HB 379 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 366(FIN)
"An Act relating to animal classic charitable gaming; and
providing for an effective date."
MOVED CSHB 366(FIN) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 490(JUD) am
"An Act relating to the release of employment security records,
to the binding effect of determinations and decisions regarding
unemployment compensation benefits, and to contributions,
interest, penalties, and payments under the Alaska Employment
Security Act; providing that property under the Alaska
Employment Security Act is not subject to the Uniform Unclaimed
Property Act; and providing for an effective date."
MOVED CSHB 490(JUD) am OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 309(JUD) am
"An Act relating to nonindigenous fish."
MOVED CSHB 309(JUD) am OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 405(EDU)
"An Act relating to reports on school and school district
performance; and relating to accountability of public schools
and school districts; and providing for an effective date."
MOVED CSHB 405(EDU) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 351(JUD)
"An Act relating to the devices, including carbon monoxide
detection devices, required in dwellings; and providing for an
effective date."
MOVED CSHB 351(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 373
"An Act requiring warrants drawn by the Department of
Administration against the state treasury to be negotiable
instruments."
MOVED HB 373 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SJR 34
SHORT TITLE: TAIWAN STATUS AND PRESIDENT
SPONSOR(s): RULES BY REQUEST OF WORLD TRADE & STATE/FED
RELATIONS
04/22/04 (S) READ THE FIRST TIME - REFERRALS
04/22/04 (S) WTR, STA
04/26/04 (S) WTR AT 4:00 PM BELTZ 211
04/26/04 (S) Moved CSSJR 34(WTR) Out of Committee
04/26/04 (S) MINUTE(WTR)
04/27/04 (S) WTR RPT CS 5DP NEW TITLE
04/27/04 (S) DP: COWDERY, GUESS, OLSON,
04/27/04 (S) WAGONER, THERRIAULT
05/01/04 (S) STA AT 0:00 AM BELTZ 211
BILL: HB 379
SHORT TITLE: OFFICE OF CITIZENSHIP ASSISTANCE
SPONSOR(s): REPRESENTATIVE(s) WEYHRAUCH
01/20/04 (H) READ THE FIRST TIME - REFERRALS
01/20/04 (H) L&C, FIN
03/05/04 (H) L&C AT 3:15 PM CAPITOL 17
03/05/04 (H) -- Meeting Canceled --
03/19/04 (H) L&C AT 3:15 PM CAPITOL 17
03/19/04 (H) Scheduled But Not Heard
03/22/04 (H) L&C AT 3:15 PM CAPITOL 17
03/22/04 (H) Moved Out of Committee
03/22/04 (H) MINUTE(L&C)
03/24/04 (H) L&C RPT 2DP 5NR
03/24/04 (H) DP: LYNN, ANDERSON; NR: CRAWFORD,
03/24/04 (H) GATTO, ROKEBERG, DAHLSTROM, GUTTENBERG
04/21/04 (H) FIN RPT 9DP 2NR
04/21/04 (H) DP: MEYER, HAWKER, JOULE, CROFT, FATE,
04/21/04 (H) CHENAULT, FOSTER, HARRIS, WILLIAMS;
04/21/04 (H) NR: STOLTZE, MOSES
04/21/04 (H) FIN AT 8:30 AM HOUSE FINANCE 519
04/21/04 (H) Moved Out of Committee
04/21/04 (H) MINUTE(FIN)
04/27/04 (H) TRANSMITTED TO (S)
04/27/04 (H) VERSION: HB 379
04/28/04 (S) READ THE FIRST TIME - REFERRALS
04/28/04 (S) STA, FIN
05/01/04 (S) STA AT 0:00 AM BELTZ 211
BILL: HB 366
SHORT TITLE: ANIMAL CLASSICS CHARITABLE GAMING
SPONSOR(s): REPRESENTATIVE(s) STOLTZE
01/12/04 (H) PREFILE RELEASED (1/9/04)
01/12/04 (H) READ THE FIRST TIME - REFERRALS
01/12/04 (H) STA, FIN
01/29/04 (H) STA AT 8:00 AM CAPITOL 102
01/29/04 (H) Heard & Held
01/29/04 (H) MINUTE(STA)
02/05/04 (H) STA RPT 3DP 1NR 2AM
02/05/04 (H) DP: GRUENBERG, SEATON, LYNN;
02/05/04 (H) NR: WEYHRAUCH; AM: HOLM, COGHILL
02/05/04 (H) STA AT 8:00 AM CAPITOL 102
02/05/04 (H) Moved Out of Committee
02/05/04 (H) MINUTE(STA)
04/22/04 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/22/04 (H) Bills Previously Heard/Scheduled
04/23/04 (H) FIN AT 8:30 AM HOUSE FINANCE 519
04/23/04 (H) -- Rescheduled from Thurs 4/22/04 1:30
--
04/26/04 (H) FIN RPT CS(FIN) NT 3DP 3NR
04/26/04 (H) DP: STOLTZE, CHENAULT, MEYER;
04/26/04 (H) NR: HAWKER, JOULE, FATE
04/27/04 (H) TRANSMITTED TO (S)
04/27/04 (H) VERSION: CSHB 366(FIN)
04/28/04 (S) READ THE FIRST TIME - REFERRALS
04/28/04 (S) STA, FIN
05/01/04 (S) STA AT 0:00 AM BELTZ 211
BILL: HB 490
SHORT TITLE: EMPLOYMENT SECURITY ACT AMENDMENTS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/16/04 (H) READ THE FIRST TIME - REFERRALS
02/16/04 (H) L&C, JUD
03/22/04 (H) L&C AT 3:15 PM CAPITOL 17
03/22/04 (H) Scheduled But Not Heard
03/24/04 (H) L&C AT 3:15 PM CAPITOL 17
03/24/04 (H) Moved Out of Committee
03/24/04 (H) MINUTE(L&C)
03/25/04 (H) L&C RPT 4DP 3NR
03/25/04 (H) DP: LYNN, GATTO, DAHLSTROM, ANDERSON;
03/25/04 (H) NR: CRAWFORD, ROKEBERG, GUTTENBERG
04/07/04 (H) JUD AT 1:00 PM CAPITOL 120
04/07/04 (H) Moved CSHB 490(JUD) Out of Committee
04/07/04 (H) MINUTE(JUD)
04/14/04 (H) JUD RPT CS(JUD) NT 5NR
04/14/04 (H) NR: SAMUELS, HOLM, GARA, GRUENBERG,
04/14/04 (H) MCGUIRE
04/21/04 (H) TRANSMITTED TO (S)
04/21/04 (H) VERSION: CSHB 490(JUD) AM
04/22/04 (S) READ THE FIRST TIME - REFERRALS
04/22/04 (S) STA, L&C
05/01/04 (S) STA AT 0:00 AM BELTZ 211
BILL: HB 309
SHORT TITLE: CRIMES: NONINDIGENOUS FISH ; SENTENCING
SPONSOR(s): REPRESENTATIVE(s) WOLF
05/08/03 (H) READ THE FIRST TIME - REFERRALS
05/08/03 (H) FSH, RES
05/16/03 (H) FSH AT 7:30 AM CAPITOL 124
05/16/03 (H) Heard & Held
05/16/03 (H) MINUTE(FSH)
03/22/04 (H) FSH AT 9:00 AM CAPITOL 124
03/22/04 (H) Moved CSHB 309(FSH) Out of Committee
03/22/04 (H) MINUTE(FSH)
03/24/04 (H) FSH RPT CS(FSH) NT 3DP 2NR
03/24/04 (H) DP: GARA, WILSON, SEATON; NR: OGG,
03/24/04 (H) GUTTENBERG
03/31/04 (H) RES AT 1:00 PM CAPITOL 124
03/31/04 (H) Heard & Held
03/31/04 (H) MINUTE(RES)
04/01/04 (H) JUD REFERRAL ADDED AFTER RES
04/05/04 (H) RES AT 1:00 PM CAPITOL 124
04/05/04 (H) Heard & Held
04/05/04 (H) MINUTE(RES)
04/07/04 (H) RES AT 1:00 PM CAPITOL 124
04/07/04 (H) Moved CSHB 309(RES) Out of Committee
04/07/04 (H) MINUTE(RES)
04/08/04 (H) RES RPT CS(RES) NT 1DP 3NR 5AM
04/08/04 (H) DP: WOLF; NR: LYNN, GUTTENBERG,
04/08/04 (H) DAHLSTROM; AM: HEINZE, STEPOVICH,
04/08/04 (H) GATTO, KERTTULA, MASEK
04/16/04 (H) JUD AT 1:00 PM CAPITOL 120
04/16/04 (H) Heard & Held Assigned to Subcmte
04/16/04 (H) MINUTE(JUD)
04/21/04 (H) JUD AT 1:00 PM CAPITOL 120
04/21/04 (H) Moved CSHB 309(JUD) Out of Committee
04/21/04 (H) MINUTE(JUD)
04/22/04 (H) JUD RPT CS(JUD) NT 4DP 1NR 1AM
04/22/04 (H) DP: SAMUELS, GARA, OGG, MCGUIRE;
04/22/04 (H) NR: GRUENBERG; AM: HOLM
04/27/04 (H) TRANSMITTED TO (S)
04/27/04 (H) VERSION: CSHB 309(JUD) AM
04/28/04 (S) READ THE FIRST TIME - REFERRALS
04/28/04 (S) STA, RES
05/01/04 (S) STA AT 0:00 AM BELTZ 211
BILL: HB 405
SHORT TITLE: SCHOOL PERFORMANCE DESIGNATION/REPORT
SPONSOR(s): REPRESENTATIVE(s) GATTO
01/28/04 (H) READ THE FIRST TIME - REFERRALS
01/28/04 (H) EDU, HES
02/17/04 (H) EDU AT 11:00 AM CAPITOL 124
02/17/04 (H) <Bill Hearing Postponed>
03/02/04 (H) EDU AT 11:00 AM CAPITOL 124
03/02/04 (H) Heard & Held
03/02/04 (H) MINUTE(EDU)
03/09/04 (H) EDU AT 11:00 AM CAPITOL 124
03/09/04 (H) Moved CSHB 405(EDU) Out of Committee
03/09/04 (H) MINUTE(EDU)
03/18/04 (H) EDU RPT CS(EDU) 5DP 1NR
03/18/04 (H) DP: SEATON, WILSON, OGG, GARA, GATTO;
03/18/04 (H) NR: WOLF
03/23/04 (H) HES AT 3:00 PM CAPITOL 106
03/23/04 (H) Moved CSHB 405(EDU) Out of Committee
03/23/04 (H) MINUTE(HES)
03/24/04 (H) HES RPT CS(EDU) 6DP
03/24/04 (H) DP: KAPSNER, GATTO, CISSNA, SEATON,
03/24/04 (H) WOLF, WILSON
04/07/04 (H) TRANSMITTED TO (S)
04/07/04 (H) VERSION: CSHB 405(EDU)
04/08/04 (S) READ THE FIRST TIME - REFERRALS
04/08/04 (S) STA, HES
04/27/04 (S) STA AT 3:30 PM BELTZ 211
04/27/04 (S) Scheduled But Not Heard
04/29/04 (S) STA AT 3:30 PM BELTZ 211
04/29/04 (S) Heard & Held
04/29/04 (S) MINUTE(STA)
05/01/04 (S) STA AT 0:00 AM BELTZ 211
BILL: HB 351
SHORT TITLE: CARBON MONOXIDE DETECTION DEVICES
SPONSOR(s): REPRESENTATIVE(s) GATTO, GRUENBERG
01/12/04 (H) PREFILE RELEASED (1/2/04)
01/12/04 (H) READ THE FIRST TIME - REFERRALS
01/12/04 (H) L&C, STA
01/21/04 (H) L&C AT 3:15 PM CAPITOL 17
01/21/04 (H) Heard & Held
01/21/04 (H) MINUTE(L&C)
01/23/04 (H) L&C AT 3:15 PM CAPITOL 17
01/23/04 (H) Moved CSHB 351(L&C) Out of Committee
01/23/04 (H) MINUTE(L&C)
01/26/04 (H) L&C RPT CS(L&C) 5DP
01/26/04 (H) DP: CRAWFORD, LYNN, GATTO, GUTTENBERG,
01/26/04 (H) ANDERSON
02/19/04 (H) STA AT 8:00 AM CAPITOL 102
02/19/04 (H) Scheduled But Not Heard
02/26/04 (H) STA AT 8:00 AM CAPITOL 102
02/26/04 (H) Moved CSHB 351(STA) Out of Committee
02/26/04 (H) MINUTE(STA)
03/01/04 (H) STA RPT CS(STA) 3DP 1DNP 3NR
03/01/04 (H) DP: GRUENBERG, SEATON, LYNN;
03/01/04 (H) DNP: COGHILL; NR: HOLM, BERKOWITZ,
03/01/04 (H) WEYHRAUCH
03/01/04 (H) JUD REFERRAL ADDED AFTER STA
03/19/04 (H) JUD AT 1:00 PM CAPITOL 120
03/19/04 (H) Moved CSHB 351(JUD) Out of Committee
03/19/04 (H) MINUTE(JUD)
03/22/04 (H) JUD RPT CS(JUD) 4DP
03/22/04 (H) DP: GARA, SAMUELS, GRUENBERG, MCGUIRE
03/31/04 (H) TRANSMITTED TO (S)
03/31/04 (H) VERSION: CSHB 351(JUD)
04/01/04 (S) READ THE FIRST TIME - REFERRALS
04/01/04 (S) L&C, STA
04/22/04 (S) L&C AT 1:30 PM BELTZ 211
04/22/04 (S) TRADE PRACTICES: FREE TRIAL/OPT-OUT
PLANS
04/27/04 (S) L&C AT 1:30 PM BELTZ 211
04/27/04 (S) Moved CSHB 351(JUD) Out of Committee
04/27/04 (S) MINUTE(L&C)
04/28/04 (S) L&C RPT 2DP 1NR
04/28/04 (S) DP: BUNDE, STEVENS G; NR: FRENCH
05/01/04 (S) STA AT 0:00 AM BELTZ 211
BILL: HB 373
SHORT TITLE: STATE TREASURY WARRANTS
SPONSOR(s): STATE AFFAIRS
01/12/04 (H) READ THE FIRST TIME - REFERRALS
01/12/04 (H) STA
01/20/04 (H) STA AT 8:00 AM CAPITOL 102
01/20/04 (H) Moved Out of Committee
01/20/04 (H) MINUTE(STA)
01/21/04 (H) STA RPT 2DP 3NR
01/21/04 (H) DP: GRUENBERG, WEYHRAUCH; NR: SEATON,
01/21/04 (H) HOLM, LYNN
02/09/04 (H) TRANSMITTED TO (S)
02/09/04 (H) VERSION: HB 373
02/11/04 (S) READ THE FIRST TIME - REFERRALS
02/11/04 (S) STA
04/22/04 (S) STA AT 3:30 PM BELTZ 211
04/22/04 (S) -- Meeting Canceled --
04/29/04 (S) STA AT 3:30 PM BELTZ 211
04/29/04 (S) Scheduled But Not Heard
05/01/04 (S) STA AT 0:00 AM BELTZ 211
WITNESS REGISTER
Richard Schmitz
Staff to Senator John Cowdery
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced CSSJR 34(WTR) on behalf of the
Senate Rules Committee
Terry Harvey
Staff to Representative Bruce Weyhrauch
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 379 for the sponsor
Guy Bell, Director
Division or Administrative Services
Department of Labor & Workforce
Development
PO Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Responded to questions regarding HB 379
Andree McLeod
No address provided
POSITION STATEMENT: Immigrant opposing HB 379
Ben Mulligan
Staff to Representative Bill Stoltze
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced CSHB 366(FIN) for the sponsor
Larry Meyers
Department of Revenue
PO Box 110400
Juneau, AK 99811-0400
POSITION STATEMENT: Announced that the Department of Revenue
had no concerns with CSHB 366(FIN)
David Lambert
Fairbanks, AK 99701
POSITION STATEMENT: Stated support for CSHB366(FIN)
Tom Nelson, Director
Division of Employment Security
Department of Labor & Workforce
Development
PO Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Explained aspects of CSHB 490(JUD)
Toby Steinberger
Assistant Attorney General
Civil Division
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Answered questions on CSHB 490(JUD)
Neal DuPerron
Staff to Representative Kelly Wolf
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced CSHB 309(JUD) for sponsor
Representative Kelly Wolf
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor HB 309
Cody Rice
Staff to Representative Carl Gatto
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced CSHB 351(JUD) for sponsor
Representative Max Gruenberg
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 373 as a member of the House
State Affairs Committee
ACTION NARRATIVE
TAPE 04-30, SIDE A
(No recording on tape 04-30, side B)
CHAIR GARY STEVENS called the Senate State Affairs Standing
Committee meeting to order at 4:14 p.m. Present were Senators
Cowdery, Stedman and Chair Gary Stevens. Senator Guess arrived
shortly after the meeting was convened.
CSSJR 34(WTR)-TAIWAN STATUS AND PRESIDENT
CHAIR GARY STEVENS announced CSSJR 34(WTR) to be up for
consideration.
RICHARD SCHMITZ, staff to Senator Cowdery, explained that the
resolution sends a message of goodwill to Republic of China
(Taiwan) President Chen Shui-bian for his reelection.
Because the Republic of China (Taiwan) is an important trading
partner to Alaska, the resolution encourages the United States
Congress to endorse their request to be granted Observer Status
at the World Health Organization.
There were no questions.
SENATOR COWDERY motioned to report CSSJR 34(WTR) from committee
with individual recommendations and attached zero fiscal notes.
He asked for unanimous consent. There being no objection, it was
so ordered.
HB 379-OFFICE OF CITIZENSHIP ASSISTANCE
CHAIR GARY STEVENS announced HB 379 to be up for consideration
and noted that the committee heard similar legislation during
the previous session.
TERRY HARVEY, staff to Representative Bruce Weyhrauch,
acknowledged that the Chair was correct. The legislation to
establish the Office of Citizenship Assistance in the Department
of Labor and Workforce Development was originally introduced
during the 22nd Legislature. The difference between the two
bills is that the fiscal note for the current legislation is
reduced to $86,000 annually.
Naturalized citizens and those pursuing citizenship could
receive assistance in immigration and employment services. The
office would be available to help individuals find affordable
legal services, medical services, and educational opportunities.
Information would also be available on discrimination, sexual
harassment, and unsafe working conditions.
Generally they've received broad statewide support for this
office, he said. The only negative debate has centered on the
argument that this is a duplication of services, but they
disagree.
SENATOR BERT STEDMAN asked why the bill didn't pass the previous
session.
MR. HARVEY said that in recent years it's been a challenge to
create new positions in the state. Also, he said, it's likely
that it would have passed last session if a bit more time and
effort had been expended.
SENATOR STEDMAN asked for a rough estimate of the number of
immigrants that arrive in Alaska each year and where they come
from.
MR. HARVEY said he didn't have that number, but he could find
out. They do feel that the office would assist several thousand
people every year. People immigrate to Alaska from Mexico,
Central and South America, Africa, Europe, the Philippines, and
parts of Asia.
SENATOR JOHN COWDERY asked where the office would be located.
MR. HARVEY replied it would be located in Juneau, but they
wouldn't be opposed to locating it in another central part of
the state.
SENATOR COWDERY opined it might be more properly located in
Anchorage then asked whether there are similar federal offices.
MR. HARVEY said there are individual offices that deal with the
individual paperwork and documentation, but not a central
position that serves as a navigational aid.
SENATOR COWDERY asked whether anyone in Alaska helps people
become citizens.
MR. HARVEY informed him that the Catholic Community Services in
Juneau and one main organization in Anchorage both do what they
can in this area.
SENATOR COWDERY remarked that both the Senate and the House have
World Trade Committees and his office has fielded calls from
immigrants that have experienced trouble with visa applications
since 911.
MR. HARVEY said that's why this proposed service is most
important. The challenges are enormous for those trying to
navigate through the system.
SENATOR COWDERY suggested that a lot of the issues are federal
rather than state and perhaps the Alaska delegation could be
encouraged to act.
CHAIR GARY STEVENS remarked that the fishing and processing
industry in particular is heavily dependent on legal alien
workers. Since 1970 he's found it rewarding to watch as
immigrants move from introductory positions in the fishing
industry to owning their own businesses.
SENATOR GRETCHEN GUESS stated for the record that Anchorage has
92 languages represented in the school district, which gave her
reason to echo Senator Cowdery's suggestion that Anchorage might
be a better location for the office. There's a tremendous need
for such assistance, she said, but her constituents wouldn't
have access to such an office if it were located in Juneau.
She asked whether they had discussed addressing safety issues as
well because domestic violence and sexual assault is a big issue
in the immigrant community. Women need to understand their
rights and the state laws and to know that there is a place they
can go if there is a need.
MR. HARVEY said those safety issues are an important aspect of
the assistance available.
SENATOR GUESS said it would be stronger if domestic violence and
sexual assault were specifically addressed because our laws are
different than a number of other countries.
SENATOR COWDERY asked what the qualifications and pay range
would be for the job.
MR. HARVEY replied Mr. Bell could answer those questions.
GUY BELL, Director of the Division of Administrative Services
with the Department of Labor and Workforce Development (DOLWD),
explained that the envisioned position is a range 17, employment
security analyst. That's a general classification within the
employment security division and these employees are generally
assigned to job centers. The position would require basic
understanding of the job market, wage and hour laws,
occupational safety and health issues, citizenship issues,
strong communication skills, and probably some bilingual
capability. What is a bit unusual is that the position will be
assigned to the commissioner's office.
SENATOR COWDERY asked if the office would be dealing with
citizens or those trying to become citizens.
MR. BELL replied it's the people that are working toward
citizenship.
CHAIR GARY STEVENS noted that an employment security analyst is
a range 17 and earns $64,000 a year. He asked whether that
includes retirement and health benefits.
MR. BELL said it does.
ANDREE McLEOD testified via teleconference saying she is an
immigrant from Lebanon and she didn't support the bill because
it's discriminatory based on national origin.
There was no further testimony or questions.
SENATOR STEDMAN motioned to report HB 379 from committee with
individual recommendations and attached fiscal notes. There
being no objection, it was so ordered.
CSHB 366(FIN)-ANIMAL CLASSICS CHARITABLE GAMING
CHAIR GARY STEVENS announced CSHB 366(FIN) to be up for
consideration.
BEN MULLIGAN, staff to Representative Bill Stoltze, advised
members that the bill is a result of a legal opinion issued by
the Department of Law stating that certain traditional games of
chance are no longer legal. The legislation is narrow and would
not expand charitable gaming in Alaska. Rather, it is designed
to allow traditional games of chance including the Alaska State
Fair Elks Rat Races and the Soldotna Progress Days VFW Chicken
Shot Contest. Such games are traditional and important to the
associated communities and support a number of non-profit
organizations.
SENATOR COWDERY remarked that these games have a long tradition
in Alaska and he supports their continuation.
CHAIR GARY STEVENS read lines 12 and 13 from page 2 and noted
that games that weren't in existence before November 1, 2002
would be excluded.
MR. MULLIGAN agreed.
LARRY MEYERS stated, via teleconference, that the Department of
Revenue had no concerns related to the bill.
DAVID LAMBERT testified via teleconference from Fairbanks in
support of the bill.
CHAIR GARY STEVENS asked the pleasure of the committee.
SENATOR COWDERY motioned to report CSHB 366(FIN) from committee
with individual recommendations and attached zero fiscal notes.
There being no objection, it was so ordered.
CSHB 490(JUD) am-EMPLOYMENT SECURITY ACT AMENDMENTS
CHAIR GARY STEVENS announced CSHB 490(JUD) am to be up for
consideration.
TOM NELSON, Director Division of Employment Security, Department
of Labor & Workforce Development, explained that the bill is
largely housekeeping and clarifies existing statute. The changes
provide Alaska language alignment with federal law and will
bring the state into compliance with the unemployment insurance
overpayment arrangements Alaska has with other states.
SENATOR GRETCHEN GUESS asked for an explanation of Sections 10
and 11.
MR. NELSON said:
Section 10 aligns Alaska language with federal law by
clarifying which health care professionals are
excluded from the definition of employment. Only
student nurses and medical interns are excluded and
this clears up existing language. The intent is just
to provide a little clarification to employers that
may misinterpret current statute.
Section 11 clarifies language that provides an
exclusion from the definition of wages or payments or
benefits provided by an employer for purposes of
educational assistance to their employees. Federal law
already provides this exclusion from their definition
of wages.
TOBY STEINBERGER from the Attorney General's Office testified
via teleconference. Commenting on Sections 1-3 and Section 8 she
said:
Sections 1-3 of the bill will help federal, state and
municipal prosecutors to investigate and prosecute
criminal cases because it will help them locate where
suspects or witnesses or victims or persons on parole
or probation - where they work. As a matter of
background, employers provide information for each
employee quarterly to the Employment Security Division
when they pay their employment security taxes. So the
location of the employee is very current. Also the
Employment Security Division also provides
unemployment benefits and people provide their
addresses then.
Another thing it's important to know is the Employment
Security Division is heavily federally funded. The U.S
Department of Labor has required that employment
security records be kept confidential, but it allows
for a number of exceptions. And accordingly, our
Alaska Statute 23.20.110 has allowed for exceptions,
but none of these exceptions allow for the releasing
of information of criminal prosecutions other than in
prosecuting cases against claimants who have
fraudulently received payments or unemployment
compensation benefits.
This amendment would allow the Criminal Division as
well as the U.S. Attorney's Office and the federal
prosecutors to find suspects and witnesses and victims
since this information is so up to date. The U.S.
Department of Labor has approved this provision and
... allowed the release of employment security
information for the purposes of criminal
investigations and prosecutions. These other states
include: Washington, Iowa, Arkansas, Georgia, Utah and
Oklahoma.
CHAIR GARY STEVENS asked what is included in employment security
records.
MS STEINBERGER said that would include the employee's name,
Social Security record and payroll information.
She continued:
Section 8 would amend an existing statute, AS
23.120.497. The Employment Security Division provides
unemployment benefits to persons and if they get
denied, they can have a hearing. Currently the
statute, AS 23.120.497, provides that unemployment
compensation decisions are not admissible and the
subsequent action or proceedings are not admissible in
another form. For example, in a court case or in an
administrative proceeding, if for example, an employee
has brought a lawsuit against their employer for
wrongful termination. The current statute says that
they're not admissible in a subsequent action or
proceeding or in another form. What this amendment
will do is clarify that this also includes arbitration
proceedings.
There were no further questions or comments.
CHAIR GARY STEVENS asked for the pleasure of the committee.
SENATOR COWDERY motioned to report CSHB 490JUD) am from
committee with individual recommendations and accompanying zero
fiscal notes. He asked for unanimous consent. There being no
objection, it was so ordered.
CSHB 309(JUD) am-CRIMES: NONINDIGENOUS FISH ; SENTENCING
CHAIR GARY STEVENS announced CSHB 309(JUD) am to be up for
consideration.
NEIL DuPERRON, staff to Representative Kelly Wolf, announced:
"A person may not knowingly release, or transport,
possess, import or export for the purpose of release
into the waters of the state, live nonindigenous fish
or live fertilized eggs of nonindigenous fish, unless
permitted by AS 16.05 - 16.40."
CHAIR GARY STEVENS asked him to explain the problem.
REPRESENTATIVE KELLY WOLF joined the meeting and informed
members that throughout south-central Alaska there's a problem
with nonindigenous fish that have been introduced into streams
and lakes through a process he called bucket biology. The
introduced species tend to be predatory and endanger the
indigenous game fish populations. Specifically, he said,
Northern Pike are prolific and are capable of eating between 40
and 50 juvenile salmon a day.
The Alaska Department of Fish and Game (ADF&G) has made an
effort to exterminate the nonindigenous game fish, but it's
expensive and the procedures are detrimental to indigenous
species as well.
SENATOR BERT STEDMAN asked if it was correct that if this bill
were to pass then the only way to restock a lake with trout
would be to obtain permission from ADF&G and they could issue a
permit for whatever type of fish they thought was reasonable.
MR. DuPERRON said that's correct as far as he knows.
SENATOR JOHN COWDERY asked what fish typically feed on.
MR. DuPERRON replied, "Other little fish."
SENATOR COWDERY said that's what he thought.
SENATOR GRETCHEN GUESS motioned to report CSHB 309(JUD) am from
committee with individual recommendations and the attached
fiscal notes. There being no objection, it was so ordered.
CSHB 405(EDU)-SCHOOL PERFORMANCE DESIGNATION/REPORT
CHAIR GARY STEVENS announced CSHB 405(EDU) to be the next order
of business. He noted that at the previous meeting he asked
Senator Guess to meet with the sponsor to address her concerns
with the bill.
SENATOR GRETCHEN GUESS said that's correct, but that the
Department of Education representative wasn't available until
Monday. However, because she was a member of the next committee
of referral she was willing for the bill to move. That would
give her time to meet and work with the sponsor and the
department and then address any issues in the Health Education
and Social Services Committee.
CHAIR GARY STEVENS asked for a motion.
SENATOR COWDERY motioned to report CSHB 405(EDU) and attached
fiscal notes from committee with individual recommendations.
There being no objection, it was so ordered.
CSHB 351(JUD)-CARBON MONOXIDE DETECTION DEVICES
CHAIR GARY STEVENS announced CSHB 351(JUD) to be the next order
of business.
CODY RICE, staff to Representative Carl Gatto, described the
bill as the joint effort of Representatives Max Gruenberg and
Carl Gatto to address the issue of carbon monoxide (CO)
poisoning in Alaska. HB 351 adds CO detection devices to the
smoke detector installation and maintenance requirement in state
law.
SENATOR COWDERY questioned, whether the devices would be hard
wired or battery powered and if battery replacement would be
monitored.
MR. RICE understood that the devices could be either battery or
hard wired and the bill states that they will be installed and
maintained according to the manufacturer's recommendations,
which includes battery replacement.
SENATOR GUESS motioned to report CSHB 351(JUD) and attached
fiscal notes from committee with individual recommendations.
There being no objection, it was so ordered.
HB 373-STATE TREASURY WARRANTS
CHAIR GARY STEVENS announced HB 373 to be the final order of
business. He then called a brief at ease from 5:00 to 5:05 p.m.
TAPE 04-31, SIDE A
5:05 p.m.
REPRESENTATIVE MAX GRUENBERG, as a member of the House State
Affairs Committee, explained that HB 373 cures a long-standing
problem between commercial banks and the State of Alaska
relating to a policy the State had of dishonoring their own
warrants without any notification. The issue was litigated and
the Alaska Supreme Court held that state treasure warrants were
negotiable instruments under the Uniform Commercial Code and
were therefore subject to the "holder in due course" defense.
Although the State amended its business practices to comply with
the ruling, the statutes have never been amended.
CHAIR GARY STEVENS asked him to define the term negotiable
instrument.
REPRESENTATIVE GRUENBERG said negotiable instrument means that
it's a piece of paper that says, "Pay somebody some thing."
According to the Uniform Commercial Code, the instrument must be
honored unless the drawer has gone through the specific and
formal process indicating that the instrument should be
dishonored. This protects the banking community and it protects
commerce, he said.
There were no questions.
SENATOR GRETCHEN GUESS motioned to report HB 373 and attached
fiscal notes from committee with individual recommendations.
There being no objection, it was so ordered.
CHAIR GARY STEVENS adjourned the meeting at 5:10 p.m.