Legislature(2001 - 2002)

05/08/2001 03:46 PM House 127

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                         ALASKA STATE LEGISLATURE                                                                             
                      CONFERENCE COMMITTEE ON HB 127                                                                          
                               May 8, 2001                                                                                    
                                3:45 p.m.                                                                                     
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                              
Senator Rick Halford                                                                                                            
Senator Robin Taylor                                                                                                            
Senator Donny Olson                                                                                                             
                                                                                                                                
Representative John Harris                                                                                                      
Representative Con Bunde                                                                                                        
Representative Beth Kerttula                                                                                                    
                                                                                                                              
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                           
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 127                                                                                                              
"An Act relating to emergency equipment to be carried on                                                                        
aircraft."                                                                                                                      
                                                                                                                                
     - MOVED 2d CCS HB 127 OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 127                                                                                                                  
SHORT TITLE:AVIATION & AIRCRAFT EMERGENCY EQUIPMENT                                                                             
SPONSOR(S): REPRESENTATIVE(S)HARRIS                                                                                             
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/14/01     0317       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/14/01     0317       (H)        TRA                                                                                          
02/22/01                (H)        TRA AT 1:00 PM CAPITOL 17                                                                    
02/22/01                (H)        Moved CSHB 127(TRA) Out of                                                                   
                                   Committee                                                                                    
02/22/01                (H)        MINUTE(TRA)                                                                                  
02/23/01     0423       (H)        COSPONSOR(S): MORGAN                                                                         
02/26/01     0434       (H)        TRA RPT CS(TRA) 6DP                                                                          
02/26/01     0435       (H)        DP: KAPSNER, OGAN, SCALZI,                                                                   
                                   WILSON,                                                                                      
02/26/01     0435       (H)        KOOKESH, MASEK                                                                               
02/26/01     0435       (H)        FN1: ZERO(DOT)                                                                               
03/09/01                (H)        RLS AT 1:15 PM BUTROVICH 205                                                                 
03/09/01                (H)        Moved CSHB 127(RLS) Out of                                                                   
                                   Committee                                                                                    
03/09/01                (H)        MINUTE(RLS)                                                                                  
03/12/01     0540       (H)        RLS RPT CS(RLS) NT 3DP 1NR                                                                   
                                   1AM                                                                                          
03/12/01     0540       (H)        DP: PORTER, KOHRING, KOTT;                                                                   
                                   NR: JOULE;                                                                                   
03/12/01     0540       (H)        AM: BERKOWITZ                                                                                
03/12/01     0540       (H)        FN1: ZERO(DOT)                                                                               
03/12/01     0540       (H)        RETURNED TO RLS COMMITTEE                                                                    
03/15/01     0609       (H)        RULES TO CALENDAR 3/15/01                                                                    
03/15/01     0609       (H)        READ THE SECOND TIME                                                                         
03/15/01     0610       (H)        RLS CS ADOPTED UNAN CONSENT                                                                  
03/15/01     0610       (H)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
03/15/01     0610       (H)        READ THE THIRD TIME CSHB
                                   127(RLS)                                                                                     
03/15/01     0610       (H)        PASSED Y33 E4 A3                                                                             
03/15/01     0614       (H)        COSPONSOR(S): DYSON, BUNDE                                                                   
03/15/01     0615       (H)        TRANSMITTED TO (S)                                                                           
03/15/01     0615       (H)        VERSION: CSHB 127(RLS)                                                                       
03/16/01     0691       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/16/01     0691       (S)        TRA                                                                                          
03/16/01     0691       (S)        CROSS SPONSOR(S): OLSON                                                                      
04/26/01                (S)        TRA AT 1:30 PM BUTROVICH 205                                                                 
04/26/01                (S)        Moved SCS(TRA) Out of                                                                        
                                   Committee                                                                                    
04/26/01                (S)        MINUTE(TRA)                                                                                  
04/27/01     1299       (S)        TRA RPT SCS 1DP 3NR SAME                                                                     
                                   TITLE                                                                                        
04/27/01     1300       (S)        DP: COWDERY; NR: TAYLOR,                                                                     
                                   WILKEN, WARD                                                                                 
04/27/01     1300       (S)        FN1: ZERO(DOT)                                                                               
04/28/01     1329       (S)        RULES TO CALENDAR 4/28/01                                                                    
04/28/01     1333       (S)        READ THE SECOND TIME                                                                         
04/28/01     1333       (S)        TRA SCS ADOPTED UNAN CONSENT                                                                 
04/28/01     1333       (S)        AM NO 1 ADOPTED UNAN CONSENT                                                                 
04/28/01     1334       (S)        AM NO 2 ADOPTED UNAN CONSENT                                                                 
04/28/01     1334       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
04/28/01     1335       (S)        READ THIRD TIME SCS CSHB
                                   127(TRA) AM S                                                                                
04/28/01     1335       (S)        PASSED Y19 N- A1                                                                             
04/28/01     1338       (S)        TRANSMITTED TO (H) AS AMENDED                                                                
04/28/01     1338       (S)        VERSION: SCS CSHB 127(TRA) AM                                                                
                                   S                                                                                            
04/28/01                (S)        RLS AT 2:00 PM FAHRENKAMP 203                                                                
04/28/01                (S)        MINUTE(RLS)                                                                                  
04/29/01     1352       (H)        HELD UNDER UNFINISHED                                                                        
                                   BUSINESS                                                                                     
05/01/01     1448       (H)        BROUGHT UP FOR CONSIDERATION                                                                 
05/01/01     1449       (H)        RETURNED TO UNFINISHED                                                                       
                                   BUSINESS                                                                                     
05/02/01     1490       (H)        FAILED CONCUR (S) AM N39 E1                                                                  
05/02/01     1491       (H)        CONFERENCE COMMITTEE                                                                         
                                   APPOINTED                                                                                    
05/02/01     1491       (H)        *HARRIS, BUNDE, KERTTULA                                                                     
05/02/01     1428       (S)        FAILED RECEDE (S) AM Y- N20                                                                  
05/02/01     1429       (S)        CONFERENCE COMMITTEE                                                                         
                                   APPOINTED                                                                                    
05/02/01     1429       (S)        *HALFORD, TAYLOR, OLSON                                                                      
05/04/01                (H)        127 AT 1:00 PM CAPITOL 124                                                                   
05/04/01                (H)        Moved CCSHB 127 Out of                                                                       
                                   Committee                                                                                    
                                   MINUTE(127)                                                                                  
05/04/01                (S)        127 AT 1:00 PM CAPITOL 124                                                                   
05/05/01     1553       (H)        LIMITED POWERS FREE                                                                          
                                   CONFERENCE GRANTED                                                                           
05/05/01     1554       (H)        REPORT HELD UNDER UNFINISHED                                                                 
                                   BUSINESS                                                                                     
05/05/01     1568       (H)        CC REPORT ADOPTED Y39 A1 CCS                                                                 
                                   HB 127                                                                                       
05/05/01     1541       (S)        LIMITED POWERS FREE                                                                          
                                   CONFERENCE GRANTED                                                                           
05/05/01     1543       (S)        CC REPORT ADOPTED Y20 N- CCS                                                                 
                                   HB 127                                                                                       
05/05/01     1542       (S)        FN1: ZERO(DOT)                                                                               
05/08/01     1731       (H)        RESCIND ACTION ADOPTING CC                                                                   
                                   REPORT                                                                                       
05/08/01     1731       (H)        CC REPORT FAILED N39 A1                                                                      
05/08/01     1711       (S)        RESCIND ACTION ADPTING CC                                                                    
                                   REPORT Y19 N1                                                                                
05/08/01                (H)        127 AT 3:45 PM LOCATION TBA                                                                  
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
GORDY WILLIAMS, Legislative Liaison                                                                                             
Office of the Commissioner                                                                                                      
Alaska Department of Fish & Game                                                                                                
PO Box 25526                                                                                                                    
Juneau, Alaska 99802-5526                                                                                                       
POSITION  STATEMENT:  Addressed  concerns and  questions  on  the                                                               
proposed CS.                                                                                                                    
                                                                                                                                
STEPHEN WHITE, Assistant Attorney General                                                                                       
Natural Resources Section                                                                                                       
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, Alaska 99811-0300                                                                                                       
POSITION  STATEMENT:  Addressed  concerns and  questions  on  the                                                               
proposed CS.                                                                                                                    
                                                                                                                              
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR HALFORD  called the  Conference Committee  on HB  127 to                                                               
order at  3:45 p.m.   Members present at  the call to  order were                                                               
Senators  Halford,  Taylor,  Olson, and  Representatives  Harris,                                                               
Bunde, and Kerttula.                                                                                                            
                                                                                                                                
HB 127-AVIATION & AIRCRAFT EMERGENCY EQUIPMENT                                                                                
                                                                                                                                
[Due  to  an  equipment  malfunction,   there  is  no  recording.                                                               
Therefore, the following minutes  were reconstructed from the log                                                               
notes.]                                                                                                                         
                                                                                                                                
CO-CHAIR HALFORD stated  that the Conference Committee  on HB 127                                                               
is back  due to  unanimous consent  on the floor  to look  at the                                                               
bill again, due to objections  from the Alaska Department of Fish                                                               
& Game  [ADF&G].   He pointed out  a new proposed  CS [2d  CCS HB
127; 22-LS0544\R, Utermohle,  5/8/01].  The new  proposed CS adds                                                               
a provision [to  Section 6, lines 15-19] that  adds discussion of                                                               
Title 16  [Alaska Statute-Fish and  Game], and  puts "fixed-wing"                                                               
back into the  bill, which was taken out at  the first conference                                                               
committee meeting on HB 127.                                                                                                    
                                                                                                                                
SENATOR  TAYLOR requested  an explanation  of these  changes from                                                               
ADF&G.                                                                                                                          
                                                                                                                                
GORDY WILLIAMS, Legislative Liaison,  Office of the Commissioner,                                                               
Alaska  Department  of Fish  &  Game,  commented that  they  just                                                               
became  aware  of concerns  with  Section  6  of  the bill.    He                                                               
indicated  that Title  16 provides  ADF&G with  the authority  to                                                               
protect  and preserve  habitat areas  by  setting aside  refuges,                                                               
sanctuaries or having closures for a part or full year.                                                                         
                                                                                                                                
REPRESENTATIVE BUNDE  commented that  work had been  done earlier                                                               
on this issue.                                                                                                                  
                                                                                                                                
CO-CHAIR HALFORD  said that was  correct and asked  the committee                                                               
if there were any questions.                                                                                                    
                                                                                                                                
SENATOR  TAYLOR   wondered  where   there  was  a   problem  with                                                               
helicopters in Alaska, because he was  not aware of any.  He then                                                               
said can't land wall sanctions.                                                                                                 
                                                                                                                                
SENATOR TAYLOR  indicated that some  areas are closed  to flights                                                               
because they are too close to ....   He then asked if there was a                                                               
problem with where helicopters are landing in Alaska.                                                                           
                                                                                                                                
MR. WHITE said there are regulations on the "book" for aircraft.                                                                
                                                                                                                                
SENATOR TAYLOR  stated that the  same regulations are  in statute                                                               
for "fixed-wing."   If  there are  no problems  with helicopters,                                                               
then  why have  the same  presumptions for  them, he  asked.   He                                                               
remarked  that  the only  helicopter  incident  he has  heard  of                                                               
involves elk  and the ADF&G,  in which 50  elk were driven  off a                                                               
cliff  in  Kodiak.    He  said  if  there  was  a  problem  [with                                                               
helicopters], he wouldn't mind fixing it.                                                                                       
                                                                                                                                
MR.  WHITE indicated  that concerns  arose due  to the  amount of                                                               
places and land  opened for helicopters.  He then  said that this                                                               
part of the bill was originally up to the Conference Committee.                                                                 
                                                                                                                                
SENATOR TAYLOR said that "fixed-wing"  leaves open those that are                                                               
not.   He wondered why  the same regulations couldn't  be applied                                                               
to helicopters  [in this bill].   He  suggested that if  there is                                                               
time to pass regulations, adding one word to regulation....                                                                     
                                                                                                                                
REPRESENTATIVE BUNDE  remarked that when something  like aircraft                                                               
is restricted,  nothing else needs  to be added [such  as "fixed-                                                               
wing"].                                                                                                                         
                                                                                                                                
CO-CHAIR HALFORD  asked how many  areas take action on  a regular                                                               
basis.  He  remarked that helicopter landings are  unlimited.  He                                                               
indicated that  in the  beginning, he envisioned  HB 127  being a                                                               
simple bill, but now it has  become longer.  He suggested that if                                                               
House members wanted to change the  bill, then they could, but he                                                               
would like to see consensus.                                                                                                    
                                                                                                                                
SENATOR TAYLOR wondered  if [ADF&G] would veto  this bill because                                                               
of the helicopter issue.                                                                                                        
                                                                                                                                
MR. WHITE said not ....                                                                                                         
                                                                                                                                
REPRESENTATIVE  KERTTULA commented  that  in Juneau,  helicopters                                                               
can land anywhere.  There was mention of critical habitat areas.                                                                
                                                                                                                                
SENATOR TAYLOR pointed out that  he would be sympathetic if there                                                               
was a  problem with helicopters  and critical habitat areas.   He                                                               
indicated that  friends who were  hunting, using  privately owned                                                               
helicopters, have  been excluded due  to regulations.   He stated                                                               
that  once a  problem appears  it  shouldn't be  that "all  areas                                                               
[are] not open."  He said he does not understand.                                                                               
                                                                                                                                
REPRESENTATIVE HARRIS, sponsor  of the bill, asked  if this issue                                                               
[bill] is  one that the  governor is  willing to "let  loose" and                                                               
hold off until next year.                                                                                                       
                                                                                                                                
MR. WILLIAMS  said he don't know  if this was possible  in regard                                                               
to the  Title 16 issue.   He indicated  that ADF&G's focus  is to                                                               
address the Title 16 issues.                                                                                                    
                                                                                                                                
SENATOR OLSON commented that his  interest in this comes from his                                                               
own  area,  where for  generations,  reindeer  herders have  used                                                               
helicopters to round up reindeer in  the summer.  He said that he                                                               
is looking  at the person  who is trying  to preserve his  or her                                                               
business.   He  noted that  unfortunately, the  reindeer business                                                               
has declined and is not going as well as it was 20 years ago.                                                                   
                                                                                                                                
CO-CHAIR HALFORD suggested that  the committee adopt the proposed                                                               
CS [Version R as a working  draft] and then adopt an amendment to                                                               
resolve this issue.                                                                                                             
                                                                                                                                
REPRESENTATIVE HARRIS made a motion  was to adopt the proposed CS                                                               
for HB 127, version 22-LS0544\R,  Utermohle, 5/8/01, as a working                                                               
draft.   There  being  no  objection, Version  R  was before  the                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR  TAYLOR made  a motion  to  amend Version  R by  deleting                                                               
"fixed-wing" after  the word "of"  on page 3,  line 20.   He said                                                               
this would keep all the language in.                                                                                            
                                                                                                                                
A hand  vote was counted.   Senators Halford, Taylor,  Olson, and                                                               
Representative Harris,  and Bunde  voted in favor  the amendment.                                                               
Representative Kerttula voted against  the amendment.  Therefore,                                                               
the amendment passed by a vote of 5-1.                                                                                          
                                                                                                                                
CO-CHAIR HALFORD moved  that the committee report 2d  CCS HB 127,                                                               
as amended  to the full body  for consideration.  There  being no                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business, the Conference Committee on HB
127 was adjourned at approximately 3:55 p.m.                                                                                    

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