Legislature(2005 - 2006)SENATE FINANCE 532

05/03/2005 09:00 AM FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 187 AMERADA HESS INCOME; CAPITAL INCOME FUND TELECONFERENCED
Moved CSHB 187(FIN)(efd fld)Out Committee
+= SB 46 APPROP: CAPITAL BUDGET TELECONFERENCED
Heard & Held
+= SB 102 COASTAL MANAGEMENT PROGRAMS TELECONFERENCED
Moved CSSB 102(FIN) Out of Committee
*+ SB 192 SCHOOL CONSTRUCTION BOND REIMBURSEMENT TELECONFERENCED
Heard & Held
+ SB 22 MEDICAID COVERAGE FOR BIRTHING CENTERS TELECONFERENCED
Moved CSSB 22(FIN) Out of Committee
+ SB 78 SENIOR CARE PROGRAM TELECONFERENCED
Scheduled But Not Heard
+ SB 125 LICENSING MEDICAL OR CARE FACILITIES TELECONFERENCED
Moved CSSB 125(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 178 SPECIAL REQUEST LICENSE PLATES
Moved CSHB 178(STA) am Out of Committee
                                                                                                                                
     CS FOR SENATE BILL NO. 102(RES)                                                                                            
     "An  Act relating to  an extension for  review and approval  of                                                            
     revisions  to the Alaska coastal management program;  providing                                                            
     for an  effective date by amending  the effective date  of sec.                                                            
     45, ch. 24, SLA 2003; and providing for an effective date."                                                                
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
DOUG  LETCH, Staff  to Senator  Gary  Stevens, the  bill's  sponsor,                                                            
testified  in  support  of  the forthcoming  committee  substitute,                                                             
Version 24-LS0491\P,  that would be  being presented by Joe  Balash,                                                            
staff  to  Senator  Gene  Therriault.  The  Version   "P"  committee                                                            
substitute  would  further Senator  G.  Stevens' desire  to  provide                                                            
additional time in which  coastal districts could revise their plans                                                            
pertaining to Statutes that were implemented two years prior.                                                                   
                                                                                                                                
Co-Chair Green pointed  out that the addition of such language added                                                            
ten pages to the previous version of the bill.                                                                                  
                                                                                                                                
Mr. Letch affirmed.                                                                                                             
                                                                                                                                
Co-Chair Green  observed that those ten pages must  contain a lot of                                                            
repeat language and very little actual change.                                                                                  
                                                                                                                                
10:22:44 AM                                                                                                                   
                                                                                                                                
JOE  BALASH,  Staff to  Senator  Gene  Therriault  and Aide  to  the                                                            
Legislative  Budget   &  Audit  Committee,  stated  that   committee                                                            
substitute,  Version 24-LS0491\P  would accomplish  four things.  It                                                            
would extend by six months,  with one exception, the entirety of the                                                            
deadlines  specified in  HB 191, which  had been  adopted two  years                                                            
prior. The proposed  six-month extension would be  acceptable to the                                                            
Governor Frank  Murkowski Administration. The exception  to the six-                                                            
month extension would be  the deadline pertaining to "the submission                                                            
of the revised  local plans": those plans would receive  a two-month                                                            
extension.  This  would  allow coastal  districts  to  review  "what                                                            
standards"  the  federal  Office   of Ocean   and Coastal   Resource                                                            
Management  (OCRM) approved  before the  coastal districts  provided                                                            
their final submissions.                                                                                                        
                                                                                                                                
Mr. Balash continued that  one portion of the ten-page bill increase                                                            
would be  attributed  to the July  1, 2011  termination or  "sunset"                                                            
component of  the program. This date  would provide sufficient  time                                                            
in which  "the  full implementation"  of  the changes  to the  coast                                                            
management  program  could  occur.  It  would also  allow  time  for                                                            
federal approval of both  the State standards and the local district                                                            
plans, as  well as "four  years of operation  of the program".  This                                                            
timeframe  would  be similar  to  what  the State  provides  to  the                                                            
operation of its  boards, commissions, and other regulatory  bodies.                                                            
                                                                                                                                
Mr. Balash  noted that  the committee substitute  would clarify  the                                                            
scope  of the local  district plans  and would  also "automatically                                                             
make changes  to the  old district  plans that  the Legislature  has                                                            
twice indicated  in the past three  years that it would like  to see                                                            
made".                                                                                                                          
                                                                                                                                
10:24:24 AM                                                                                                                   
                                                                                                                                
Mr. Balash informed the  Committee that some changes must be made to                                                            
the Version  "P" committee  substitute. One  of those changes  would                                                            
pertain to  language in Sec. 14(b)  page 11 lines 10 through  16, as                                                            
the original  language in AS 46.40.030(b)  must be re-incorporated.                                                             
In addition the word "may",  as denoted on line 12 should be changed                                                            
to the word "shall".                                                                                                            
                                                                                                                                
Co-Chair  Wilken moved  to adopt  committee substitute  Version  24-                                                            
LS0491\P as the working document.                                                                                               
                                                                                                                                
There being  no objection,  Version "P" was  ADOPTED as the  working                                                            
document.                                                                                                                       
                                                                                                                                
Conceptual  Amendment #1: This amendment  reinstitutes the  original                                                            
Statute language  into Sec.  14(b) page 11  lines 10 through  16. In                                                            
addition, the word "may"  in that original language is replaced with                                                            
the word "shall". The revised language reads as follows.                                                                        
                                                                                                                                
          (b) In developing enforceable policies in its coastal                                                                 
     management  plan under (a) of this section, a  coastal resource                                                            
     district shall meet  the requirements of AS 46.40.070 and shall                                                            
     not duplicate,  restate, or incorporate  by reference  statutes                                                            
     and  administrative  regulations  adopted by  state or  federal                                                            
     agencies.                                                                                                                  
                                                                                                                                
Senator Dyson moved to adopt Conceptual Amendment #1.                                                                           
                                                                                                                                
There being no objection, Conceptual Amendment #1 was ADOPTED.                                                                  
                                                                                                                                
Mr. Balash explained that  other changes are requested in regards to                                                            
language  in  Sec. 20  page  12, line  25.  Currently,  language  in                                                            
Sections  1 through  13  provides  "the clean  up language  and  the                                                            
entirety  of  the  references  to  the  Coastal  Management  Program                                                            
consistency  determinations  in  other areas  of statute.  Sec.  17,                                                            
which is a fairly lengthy  repeal section is designed to be a sunset                                                            
provision  that  will  be  renewed   in the  future".   However,  no                                                            
provision is included in  the bill "that links to direction for the"                                                            
Division  of  Legislation  Audit   "to conduct   a  sunset  review".                                                            
Therefore,  another  conceptual  amendment  would  be  requested  to                                                            
specify "that  the Alaska Coastal Management Program  be added to AS                                                            
44.66.020."                                                                                                                     
                                                                                                                                
In response  to a comment  by Co-Chair Green,  Mr. Balash  clarified                                                            
that AS 44.66.010  is a listing of  boards and commissions,  whereas                                                            
AS  44.66.020 is  a list  of  programs that  would  be eligible  for                                                            
audits.                                                                                                                         
                                                                                                                                
Amendment  #2: This amendment  inserts language  into the bill  that                                                            
adds the Alaska  Coastal Zone Management program to  AS 44.66.020 in                                                            
order to make it audit eligible.                                                                                                
                                                                                                                                
Co-Chair Wilken moved to adopt Conceptual Amendment #2.                                                                         
                                                                                                                                
There being no objection, Conceptual Amendment #2 was ADOPTED.                                                                  
                                                                                                                                
Mr. Balash stated  that the Governor Frank Murkowski  Administration                                                            
has requested  "that they  be granted authority  to issue  emergency                                                            
regulations to  implement this Act". Legislative Legal  and Research                                                            
Services  has informed the  bill's sponsors  that the Department  of                                                            
Natural Resources  "already has the  statutory authority  necessary,                                                            
they simply  need to  issue a written  finding  … that an  emergency                                                            
exists." However, the Department  of Natural Resources has requested                                                            
that  such  language  be included  in  the  bill  for clarification                                                             
purposes.                                                                                                                       
                                                                                                                                
Amendment  #3: This  amendment amends  uncodified law  to add  a new                                                            
section that reads as follows.                                                                                                  
                                                                                                                                
     Sec. 4. The uncodified law of the State of Alaska is amended                                                               
     by adding a new section to read:                                                                                           
          EMERGENCY REGULATIONS: The need to adopt regulations                                                                  
     consistent  with this  Act is  declared an  emergency, and  the                                                            
     Department   of  Natural  Resources  shall  proceed   to  adopt                                                            
     emergency  conforming regulations  to implement the  provisions                                                            
     of this Act.                                                                                                               
                                                                                                                                
AT EASE 10:30:39 AM / 10:33:35 AM                                                                                           
                                                                                                                                
Co-Chair Wilken moved to adopt Conceptual Amendment #3.                                                                         
                                                                                                                                
There being no objection, Conceptual Amendment #3 was ADOPTED.                                                                  
                                                                                                                                
Co-Chair  Wilken  moved  to  report   the  bill,  as  amended,  from                                                            
Committee with  individual recommendations  and accompanying  fiscal                                                            
notes.                                                                                                                          
                                                                                                                                
There  being  no  objection,  CS SB  102  (FIN)  was  REPORTED  from                                                            
Committee  with zero fiscal  note #2  dated March  8, 2005 from  the                                                            
Department  of Commerce,  Community and  Economic Development;  zero                                                            
fiscal note #3  dated March 8, 2005 from the Department  of Fish and                                                            
Game; zero fiscal  note #4 dated March 14, 2005 from  the Department                                                            
of Environmental Conservation;  and new a zero fiscal note dated May                                                            
3, 2005 from the Department of Natural Resources.                                                                               
                                                                                                                                
10:35:15 AM                                                                                                                   
                                                                                                                                

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