Legislature(2009 - 2010)BARNES 124

04/01/2009 01:00 PM RESOURCES


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Audio Topic
01:05:10 PM Start
01:05:48 PM HB70
01:18:27 PM Big Game Commercial Services Board
02:23:28 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: TELECONFERENCED
Big Game Commercial Services Board
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 70 ALASKA GROWN AGRICULTURAL PRODUCTS TELECONFERENCED
Moved CSHB 70(RES) Out of Committee
HB  70-ALASKA GROWN AGRICULTURAL PRODUCTS                                                                                     
                                                                                                                                
1:05:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR NEUMAN announced that the  first order of business would                                                               
be reconsideration  of HOUSE  BILL NO.  70, "An  Act establishing                                                               
the  farm-to-school   program  in   the  Department   of  Natural                                                               
Resources,  the  Alaska grown  fresh  fruit  and vegetable  grant                                                               
program  in the  Department of  Education and  Early Development,                                                               
the farmers'  market technology improvement pilot  program in the                                                               
Department  of Environmental  Conservation,  and  the farmers  to                                                               
food  banks   pilot  program  in  the   Department  of  Commerce,                                                               
Community, and Economic Development."   [CSHB 70(RES), Version E,                                                               
was previously reported from the committee.]                                                                                    
                                                                                                                                
CO-CHAIR  NEUMAN  explained  that  HB 70  was  again  before  the                                                               
committee in order to take care of a technicality.                                                                              
                                                                                                                                
REPRESENTATIVE  WILSON  moved  that  the  committee  rescind  its                                                               
action on HB  70 labeled 26-LS0284\E, Bannister,  3/24/09.  There                                                               
being no objection, passage of -Version E was rescinded.                                                                        
                                                                                                                                
REPRESENTATIVE  WILSON  moved  to adopt  the  proposed  committee                                                               
substitute  (CS)  for  HB  70,  Version  26-LS0284\S,  Bannister,                                                               
3/25/09, as the work draft.   There being no objection, Version S                                                               
was before the committee.                                                                                                       
                                                                                                                                
1:07:06 PM                                                                                                                    
                                                                                                                                
REX  SHATTUCK, Staff,  Representative Mark  Neuman, Alaska  State                                                               
Legislature, explained that during  the final drafting process of                                                               
Version E,  Legislative Legal and  Research Services  pointed out                                                               
that the language on page 6,  lines 23-24, "if the money from the                                                               
sale  is  used to  support  the  operation  of a  school  garden,                                                               
greenhouse,  or farm  under this  section", violates  the state's                                                               
constitutional  prohibition   against  dedicated  funds.     This                                                               
concern was raised because a  school district might be considered                                                               
a  political  subdivision  of  the  state or  an  agency  of  the                                                               
municipality and  a municipality is  a subdivision of  the state.                                                               
He said this language has been deleted from Version S.                                                                          
                                                                                                                                
1:09:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI noted  that  Version E  states that  the                                                               
vegetables  may be  sold  if the  money is  used  to support  the                                                               
operation of the school gardens  and Version S simply states that                                                               
the vegetables may  be sold.  He asked how  the problem is solved                                                               
by leaving it open as to where the money can be spent.                                                                          
                                                                                                                                
MR. SHATTUCK  replied that  the intent  of the  committee through                                                               
its previous  discussions seemed  to not want  to send  the money                                                               
any place  else, but  to allow  it to  be a  local decision.   He                                                               
related that  Legislative Legal and  Research Services  said this                                                               
is the minimum  that could be done to still  allow local decision                                                               
without directing  funds and running afoul  of the constitutional                                                               
prohibition.                                                                                                                    
                                                                                                                                
SANDRA WILSON, Staff, Representative  Carl Gatto, understood that                                                               
it is legal as long as it  is provided that the vegetables can be                                                               
sold and there is no directive for how the funds must be used.                                                                  
                                                                                                                                
1:12:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK inquired  how  this is  different from  bake                                                               
sales and other  events that raise money for  school sports teams                                                               
and bands.                                                                                                                      
                                                                                                                                
MR.  SHATTUCK said  that  kind  of fund  raising  is through  the                                                               
general  public  and  not  from   the  state  general  fund,  and                                                               
therefore he thinks it is a different issue.                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  said he had  assumed money  from fundraisers                                                               
for bands was going directly to the activity.                                                                                   
                                                                                                                                
CO-CHAIR NEUMAN  pointed out  that the  sponsor's intent  and the                                                               
legislative intent do matter, and the  intent in HB 70 is to help                                                               
make  the school  garden program  as self-sustaining  as possible                                                               
through proceeds received from the produce.                                                                                     
                                                                                                                                
MS. WILSON agreed that this is the sponsor's intent.                                                                            
                                                                                                                                
REPRESENTATIVE GUTTENBERG stated that  he thinks members agree on                                                               
the intent, but  he does not see how  deleting the aforementioned                                                               
language changes  anything.   He assumed the  money will  go into                                                               
the school district's account and that  there is no intent by the                                                               
committee that  the money  be returned  to the  state.   He asked                                                               
whether there is a way to make this work that is cleaner.                                                                       
                                                                                                                                
1:15:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   NEUMAN  inquired   whether  the   bill  drafter,   Mr.                                                               
Bannister, knew the committee's  intent and drafted language that                                                               
would cover this intent.                                                                                                        
                                                                                                                                
MR. SHATTUCK  understood from his conversations  with Legislative                                                               
Legal  and Research  Services that  the language  was crafted  to                                                               
adopt  the  will  of  the  committee  while  staying  within  the                                                               
constraints  allowed.   He said  Legislative  Legal and  Research                                                               
Services also pointed out that it  is a financial issue and HB 70                                                               
has a referral to the  House Finance Committee where the language                                                               
can be further crafted.                                                                                                         
                                                                                                                                
REPRESENTATIVE  EDGMON stated  that  he does  not  see where  the                                                               
money  from any  of these  types of  sales is  directed to  go to                                                               
schools, but  he doubted that  any of the approximately  80 funds                                                               
currently  in state  statute have  such language  because of  the                                                               
constitutional prohibition.   He  said he is  therefore satisfied                                                               
that this  does what is  needed and if  it needs to  be revisited                                                               
the House Finance Committee can do so.                                                                                          
                                                                                                                                
CO-CHAIR  JOHNSON moved  to report  HB  70, Version  26-LS0284\S,                                                               
Bannister,   3/25/09,   out    of   committee   with   individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection, CSHB  70(RES), Version  S, was  reported from  the                                                               
House Resources Standing Committee.                                                                                             

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