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24th Alaska State Legislature
The 24th Alaska State Legislature
Alaska State Representative Paul Seaton
Legislative Update

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Session:
State Capitol, Room 102
Juneau, AK 99801-1182
Phone: (907) 465-2689
Fax: (907) 465-3472
Toll Free: (800) 665-2689
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Interim:
345 W. Sterling Hwy. Suite 102B
Homer, AK 99603
Phone: (907) 235-2921
Fax: (907) 235-4008
Personal Website:
www.reppaulseaton.com


From the Desk of Rep. Paul Seaton
Legislative Update for May 1, 2006
Alaska State Legislature
Alaska State Legislature
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Released:
May 1, 2006


 

Contact Information:

Toll Free:(800) 665-2689
In the Homer Area:(907) 235-2921
Via Mail or in Person: 345 W. Sterling Hwy., Suite 102B
Homer, Alaska 99603
Fax:(907) 235-4008
Website: http://www.RepPaulSeaton.com
Email: Rep.Paul.Seaton@Legis.state.ak.us

Greetings from Juneau on this 112th day of the Legislative Session. We had a rainy/ snowy weekend while we continue to work on PPT. The operating budget is almost complete in conference committee, but neither House nor Senate capital budgets are finalized and we are still working to get priority items included. We are operating under the '24 hour Rule' (24 hour public notice, as opposed to the 5 day notice earlier in the session) and bills are moving rapidly. If you are following any bills, check the internet daily.

I had the pleasure of meeting with several folks from the district last week. Rick Eckert was in from Homer to talk about HEA business and the Hockey Association. Homer’s Liz Downing and Seward’s Katy Turnbull stopped in along with other representatives of the Kenai Peninsula School District to get the latest update on our battle over the Area Cost Differential. Barb Seaman was also in from Homer, as was Seward City Councilman Willard Dunham.

Personal Legislation

HB 475 – PERS/ TRS Cleanup

HB 475, the clean up bill to the Retirement Security Act (SB 141) that established a defined contribution retirement plan, passed the House. An amendment was incorporated on the House Floor that delays implementation of SB 141 for one year. I am concerned that a delayed implementation will make approximately 4,400 new hires eligible for the defined benefit pension and medical benefits. The State and other PERS/TRS employers have little control over future unfunded liabilities associated with a defined benefit plan, which is why our cities, boroughs, and school districts each have a massive debt. Whether or not a one-year delay is implemented, in order for SB 141 to be IRS compliant, HB 475 needs to pass this year. An IRS ruling on the new plan will need to have the changes in HB 475 incorporated. I am concerned that the Senate and Governor will not agree to the one year delay, and hope that does not prevent enacting of the changes that are very beneficial for PERS/TRS employees.

HB 496 – PFD Charitable Donations Check-off

HB 496 passed the House on Saturday with nearly unanimous support. This bill creates a check-off on the electronic PFD application so that applicants can donate a portion of their PFD checks to eligible charitable organizations; Vocational Ed schools, the University of Alaska, and Community Foundations. The bill was modified on the House floor to require that a Community Foundation may be eligible for inclusion on the donation list if it makes no more than 5% of its grants to 501 (c) (4) and (6) entities.

Education Funding/Area Cost Differential

I am pleased to report the House added 6 million dollars to the Base Student Allocation (SB 362) bringing the increase over last year to 96 million dollars.

In addition to base funding, we are continuing to work on finding a resolution for the Area Cost Differential issue. One proposal that has been brought forward by House Finance Committee Co-Chair, Representative Chenault, is to implement one quarter of the cost differential, as determined by the ISER School District Cost Study. I suspect that any resolution of the cost differential will not happen until the very end of session.

It is important for the district to seek solutions through other avenues if we are unable to generate enough votes in the legislature. To that end, the Kenai Peninsula Borough Mayor announced in a press release April 24th : his intention to seek Assembly approval to sue the State of Alaska on grounds of funding equity. If the ISER area Cost Differential Study had been implemented in 2001 when the formula was due to be re-examined, the Kenai Peninsula Borough School District would have received nearly 70 million dollars over the last 7 years to compensate for the additional cost of doing business outside of urban Anchorage.

State Affairs Committee

SB 189 seeks to put state law in line with some provisions of the Real I.D. Act, a federal proposal tucked into a congressional Tsunami Relief appropriation package. SB 189 would require that all drivers’ license and identification card applicants in Alaska provide the Division of Motor Vehicles proof of their U.S. citizenship, or their legal residency status. The bill would also require that those with a non-immigrant time-limited legal status, such as foreign students and tourists, treaty aliens, and inter-company transferees, renew their licenses and I.D. cards every time they renew their legal status. It does not allow a political refugee or asylee to renew their driver's license or ID card after one year. The committee heard testimony and voted not to move it from committee. I voted against passage of the bill.

Testimony from an Alaskan constitutional lawyer teaching at West Point was that this bill would be taken to court immediately and be deemed unconstitutional on summary judgment. This lawyer had previously fought and won a class action case against the State of Alaska on a similar statute that was deemed unconstitutional on Equal Protection grounds. The Equal Protection issue is that the bill does not allow asylees, refugees, and several other categories of people legally here, to have a driver's license or ID for more than a year. Asylees, refugees, and other legal visitors comprise a significant segment of Alaska. This bill would require Alaskans and others to have their certified birth certificate or passport scanned and stored in DMV computers. It also would not permit visitors to use their current out-of-state drivers' license to obtain an Alaskan drivers' license as required by law after 90 days. You can listen to testimony on the bill through Gavel to Gavel, at http://www.ktoo.org/gavel/. Click on Live/Archived Audio, in the left had column change the date to April 27 and click the new date button. Scroll down to House State Affairs and click on that to listen to that committee meeting. Pertinent testimony in the hearing begins at 8:34:00.

SB 86 seeks to decrease the award amount that a Public Interest Litigant may receive when they win a policy or constitutionality lawsuit against the state or a municipality. I voted against passage of the bill and it failed to move from committee. A legal opinion has stated that this bill would enact a court rule change, which requires a two-thirds vote of the members in both houses of the legislature. A similar bill passed by the legislature two years ago did not have a two-thirds vote of the legislature and has been deemed unconstitutional. It is on appeal to the Supreme Court.

Resources Committee

HB 498 is designed to provide an incentive for North Slope companies to develop heavy oil fields (tar-like oil that is more expensive to extract). This bill moved to the House Finance Committee where the Petroleum Production Tax is under discussion, and is designed to conform to the large tax package. I amended the bill to say that the 15% tax credit for heavy oil extraction can be taken by companies for ten years, but if the average price of Alaska North Slope oil is over $50 for the ten year period, the companies must repay the credit with interest. My thought is that if the price of oil has remained over $50 for ten years, even expensive heavy-oil extraction is economically viable for companies and the incentive is not needed.

Health Education and Social Services Committee

This week we heard and moved the following bills: HB 322 allows a parent to safely surrender an infant to a peace officer or hospital personnel shortly after birth, without fear of being criminally prosecuted. This encourages parents to not abandon infants in a way that could lead to injury or death. HJR 36, a resolution encouraging the U.S. congress to endorse Taiwan’s efforts to become an Observer at the World Health Assembly. HB 396 creates the Alaska Commission of Health Care, a broad panel of professionals in the health care industry, to discuss how we can encourage quality affordable health care. SJR 19 creates the Task Force to Assess Public Reporting of Health Care Associated Infections. The Task Force will be asked to review the reporting of hospital related infections and provide lawmakers, state health officials and medical professionals the opportunity to craft workable legislative recommendations for the collection of data on hospital-acquired infection rates.

We heard and held the following bills: HB 452 establishes a Prescription Drug Task Force within the Department of Health and Social Services. The Task Force would look for ways to reduce the cost of prescription drugs and increase affordable access to prescription drugs for Alaskans. HCR 31 establishes a state wide health care database which would include contact information about the quality and variety of services and allow Alaskans to make informed medical and health-related purchasing decisions.

Following Bills

All bills can be accessed through the state's Bill Action and Status Inquiry System (BASIS). You can see what committee a bill is in, when it will be heard, how committee members voted, and much more. You can view all bills relating to your specific areas of interest by selecting "Subject Summary" from the menu on the right. Access BASIS through the link below, or by doing a search for "BASIS Alaska". http://www.legis.state.ak.us/basis/start.asp

Live on the Web

Most committee hearings can be seen and heard on Gavel-to-Gavel, which is broadcast on both local access TV and on the Internet. You can also access online archives from their website. http://www.ktoo.org/gavel/schedule.cfm.

Contact Us

If you would like to speak to me regarding a specific issue, it is helpful to first get in touch with the member of my staff handling related issues. You can click on their email addresses to send them a note, or just give us a call at the office. Please provide your full name, address and phone number on any correspondence with the office. Your time and effort are much appreciated.

Louie Flora
State Affairs, Resources, Fisheries, HB 328
(907) 465-4963
louie_flora ''@'' legis.state.ak.us

Ian Laing
Scheduling, Ways and Means, HB 415, HB 418
(907) 465-2689
Ian Laing ''@'' legis.state.ak.us

Katie Shows
Health Education and Social Services, PERS/TRS, Budget, HCR 5, HCR 28, HB 238
(907) 465-2028
katie_shows ''@'' legis.state.ak.us

Rep. Paul Seaton
House District 35
(800) 665-2689
representative_paul_seaton ''@'' legis.state.ak.us

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