Legislature(2007 - 2008)CAPITOL 120

05/01/2007 01:30 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change from 1:00 pm --
+= HB 194 FINES AND OFFENSES TELECONFERENCED
Moved CSHB 194(JUD) Out of Committee
+ HB 209 REGULATORY COMMISSION OF ALASKA TELECONFERENCED
Moved CSHB 209(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                          May 1, 2007                                                                                           
                           1:44 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Bob Lynn                                                                                                         
Representative Ralph Samuels                                                                                                    
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 194                                                                                                              
"An  Act  relating  to  fines   for  certain  offenses  involving                                                               
aeronautics, alcoholic  beverages, boats,  fish and  game, health                                                               
care  records and  public health,  medical review  organizations,                                                               
public    restroom   facilities,    smoking,   shelter    cabins,                                                               
refrigerators  and  similar  equipment, radiation  sources,  high                                                               
voltage  lines, child  labor,  employment  in underground  mines,                                                               
marriage   licenses,  motor   vehicles  and   driver's  licenses,                                                               
ignition  interlock devices,  pipelines, use  of the  state seal,                                                               
and  emissions   requirements;  relating  to  the   maximum  fine                                                               
provided for violations and infractions  and to the definition of                                                               
'minor   offenses';   redesignating   certain   fish   and   game                                                               
misdemeanor  offenses  as  class   A  misdemeanors;  relating  to                                                               
violations and offenses that are  committed on state land, water,                                                               
and land  and water or  that are  related to water  management or                                                               
dam  and reservoir  safety; amending  Rule 8(b),  Alaska District                                                               
Court  Rules   of  Criminal  Procedure;  and   providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 194(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 209                                                                                                              
"An  Act relating  to  the chair  of and  the  membership of  and                                                               
qualifications  of  members  of   the  Regulatory  Commission  of                                                               
Alaska;  adding  positions  to   the  partially  exempt  service;                                                               
creating an administrative  law division and natural  gas and oil                                                               
pipeline division  within the  commission; amending  the timeline                                                               
requirements for  a final  order of  the commission;  relating to                                                               
the  commission's  regulatory cost  charges;  and  adding to  the                                                               
duties  of the  Alaska Judicial  Council  as they  relate to  the                                                               
presentation  of nominees  for consideration  for appointment  to                                                               
the commission."                                                                                                                
                                                                                                                                
     - MOVED CSHB 209(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 194                                                                                                                  
SHORT TITLE: FINES AND OFFENSES                                                                                                 
SPONSOR(S): RESOURCES                                                                                                           
                                                                                                                                
03/14/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/14/07       (H)       RES, JUD, FIN                                                                                          
03/28/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/28/07       (H)       Scheduled But Not Heard                                                                                
04/04/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/04/07       (H)       Moved CSHB 194(RES) Out of Committee                                                                   
04/04/07       (H)       MINUTE(RES)                                                                                            
04/10/07       (H)       RES RPT CS(RES) 4DP 2NR                                                                                
04/10/07       (H)       DP: ROSES, SEATON, GATTO, JOHNSON                                                                      
04/10/07       (H)       NR: KOHRING, GUTTENBERG                                                                                
04/23/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/23/07       (H)       <Bill Hearing Rescheduled to 04/27/07>                                                                 
04/27/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/27/07       (H)       Heard & Held                                                                                           
04/27/07       (H)       MINUTE(JUD)                                                                                            
05/01/07       (H)       JUD AT 1:30 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 209                                                                                                                  
SHORT TITLE: REGULATORY COMMISSION OF ALASKA                                                                                    
SPONSOR(S): LABOR & COMMERCE                                                                                                    
                                                                                                                                
03/19/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/19/07       (H)       L&C, JUD, FIN                                                                                          
04/13/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
04/13/07       (H)       Heard & Held                                                                                           
04/13/07       (H)       MINUTE(L&C)                                                                                            
04/27/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
04/27/07       (H)       Moved CSHB 209(L&C) Out of Committee                                                                   
04/27/07       (H)       MINUTE(L&C)                                                                                            
04/30/07       (H)       L&C RPT CS(L&C) NT 1DP 1DNP 2NR 2AM                                                                    
04/30/07       (H)       DP: OLSON                                                                                              
04/30/07       (H)       DNP: GARDNER                                                                                           
04/30/07       (H)       NR: BUCH, RAMRAS                                                                                       
04/30/07       (H)       AM: LEDOUX, NEUMAN                                                                                     
05/01/07       (H)       JUD AT 1:30 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
HEATH HILYARD, Staff                                                                                                            
to Representative Carl Gatto                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on HB 194 on behalf of                                                                
Representative Carl Gatto, co-chair of the House Resources                                                                      
Standing Committee, sponsor.                                                                                                  
                                                                                                                                
DICK MYLIUS, Acting Director                                                                                                    
Central Office                                                                                                                  
Division of Mining, Land and Water                                                                                              
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 194.                                                                                     
                                                                                                                                
REPRESENTATIVE CARL GATTO                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As co-chair of the House Resources Standing                                                              
Committee, sponsor of HB 194, answered questions.                                                                               
                                                                                                                                
REPRESENTATIVE KURT OLSON                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as chair of the House Labor and                                                                
Commerce Standing Committee, sponsor of HB 209.                                                                                 
                                                                                                                                
JOHN BITNEY, Legislative Liaison                                                                                                
Governor's Legislative Office                                                                                                   
Office of the Governor                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on HB 209 on behalf of                                                                
the administration.                                                                                                             
                                                                                                                                
IVY FRYE, Director of Boards & Commissions                                                                                      
Capitol Office                                                                                                                  
Office of the Governor                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on HB 209.                                                                            
                                                                                                                                
KRISTI CATLIN, Vice-President                                                                                                   
State Government Affairs                                                                                                        
AT&T Alascom                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 209.                                                                                     
                                                                                                                                
GEORGE GORDON, Director                                                                                                         
Regulatory Affairs                                                                                                              
Utility Services of Alaska, Inc.                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 209.                                                                                     
                                                                                                                                
KATE GIARD, Commissioner;                                                                                                       
Chair                                                                                                                           
Regulatory Commission of Alaska (RCA)                                                                                           
Department of Commerce, Community, & Economic Development                                                                       
(DCCED)                                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 209.                                                                                     
                                                                                                                                
TED MONINSKI, Director                                                                                                          
Regulatory Affairs                                                                                                              
Alaska Communications Systems (ACS)                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 209.                                                                                     
                                                                                                                                
VIRGINIA RUSH                                                                                                                   
AARP                                                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 209.                                                                                     
                                                                                                                                
JIM ROWE, Executive Director                                                                                                    
Alaska Telephone Association (ATA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 209.                                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting  to  order at  1:44:21  PM.   Representatives  Dahlstrom,                                                             
Coghill, Holmes,  Samuels, Gruenberg, and Ramras  were present at                                                               
the call  to order.   Representative Lynn arrived as  the meeting                                                               
was in progress.                                                                                                                
                                                                                                                                
HB 194 - FINES AND OFFENSES                                                                                                   
                                                                                                                                
1:44:41 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE  BILL  NO.  194,"An  Act  relating  to  fines  for  certain                                                               
offenses involving aeronautics,  alcoholic beverages, boats, fish                                                               
and game, health  care records and public  health, medical review                                                               
organizations,  public  restroom   facilities,  smoking,  shelter                                                               
cabins, refrigerators  and similar equipment,  radiation sources,                                                               
high  voltage  lines,  child  labor,  employment  in  underground                                                               
mines, marriage  licenses, motor vehicles and  driver's licenses,                                                               
ignition  interlock devices,  pipelines, use  of the  state seal,                                                               
and  emissions   requirements;  relating  to  the   maximum  fine                                                               
provided for violations and infractions  and to the definition of                                                               
'minor   offenses';   redesignating   certain   fish   and   game                                                               
misdemeanor  offenses  as  class   A  misdemeanors;  relating  to                                                               
violations and offenses that are  committed on state land, water,                                                               
and land  and water or  that are  related to water  management or                                                               
dam  and reservoir  safety; amending  Rule 8(b),  Alaska District                                                               
Court  Rules   of  Criminal  Procedure;  and   providing  for  an                                                               
effective date."  [Before the committee was CSHB 194(RES).]                                                                     
                                                                                                                                
CHAIR RAMRAS gave  a synopsis of his understanding  of the status                                                               
of  HB 194.   He  recapped that  there was  not a  great deal  of                                                               
opposition to  increasing the fine  structure as a  deterrent for                                                               
people's behavior, but there had  been some concern regarding the                                                               
definition of  a peace officer  versus a police  officer, whether                                                               
untrained people were  being put in harm's way,  and if untrained                                                               
people held a different schedule of benefits.                                                                                   
                                                                                                                                
1:46:26 PM                                                                                                                    
                                                                                                                                
HEATH HILYARD,  Staff to Representative Carl  Gatto, Alaska State                                                               
Legislature, on  behalf of Representative Gatto,  co-chair of the                                                               
House Resources Standing Committee,  sponsor of HB 194, concurred                                                               
with Chair Ramras's recap of the issues remaining on HB 194.                                                                    
                                                                                                                                
1:47:44 PM                                                                                                                    
                                                                                                                                
DICK  MYLIUS,  Acting  Director,   Central  Office,  Division  of                                                               
Mining,  Land and  Water, Department  of Natural  Resources (DNR)                                                               
indicated the division is close  to working out an agreement with                                                               
the Department of Public Safety  (DPS) to address their concerns.                                                               
He noted  the division  would like  to see  portions of  the bill                                                               
revised.                                                                                                                        
                                                                                                                                
1:48:10 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  proposed Conceptual Amendment 1,  to delete Section                                                               
37  and Section  43, and  any  other conforming  language in  the                                                               
bill, as  necessary.  These  sections refer to the  peace officer                                                               
and   enforcement  authority,   and  repeal   AS  41.23.210   and                                                               
AS 41.23.220.                                                                                                                   
                                                                                                                                
REPRESENTATIVE SAMUELS objected for the purposes of discussion.                                                                 
                                                                                                                                
1:50:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARL GATTO, Alaska  State Legislature, speaking as                                                               
co-chair of  the House Resources  Standing Committee,  sponsor of                                                               
HB 194,  in response to a  question by Chair Ramras,  agreed that                                                               
Conceptual Amendment 1 was acceptable.                                                                                          
                                                                                                                                
REPRESENTATIVE  SAMUELS  removed   his  objection  to  Conceptual                                                               
Amendment  1.    There  being no  further  objection,  Conceptual                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
1:50:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL   moved  to  report  CSHB   194(RES),  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the  accompanying  fiscal  notes.    There  being  no  objection,                                                               
CSHB 194(JUD)  was reported  from  the  House Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
HB 209 - REGULATORY COMMISSION OF ALASKA                                                                                      
                                                                                                                                
1:51:28 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE BILL  NO. 209,  "An Act  relating to the  chair of  and the                                                               
membership  of and  qualifications of  members of  the Regulatory                                                               
Commission of  Alaska; adding positions  to the  partially exempt                                                               
service; creating an administrative  law division and natural gas                                                               
and  oil pipeline  division within  the commission;  amending the                                                               
timeline  requirements  for  a final  order  of  the  commission;                                                               
relating to the commission's regulatory  cost charges; and adding                                                               
to the  duties of the Alaska  Judicial Council as they  relate to                                                               
the presentation  of nominees  for consideration  for appointment                                                               
to the commission."  [Before the committee was CSHB 209(L&C)].                                                                  
                                                                                                                                
1:51:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KURT OLSON,  Alaska State  Legislature, testified                                                               
as  Chair of  the House  Labor and  Commerce Standing  Committee,                                                               
sponsor  of HB  209.   He stated  that the  bill would  implement                                                               
recommendations  received  from   the  Regulatory  Commission  of                                                               
Alaska  (RCA), the  Legislative Budget  and Audit  Committee, and                                                               
regulated utilities; and  is designed to improve  the quality and                                                               
timeliness of the RCA's decision-making abilities.                                                                              
                                                                                                                                
REPRESENTATIVE  OLSON explained  that  Section  1 authorizes  the                                                               
governor to  appoint the chair of  the RCA to a  three-year term,                                                               
just as appointments as chair  are established in 22 other boards                                                               
and commissions;  and how appointments  had previously  been made                                                               
until 2001.  He advised that  some issues arose with inclusion of                                                               
Sections 2 and  3, and suggested these sections be  deleted.  The                                                               
remaining sections  of HB 209 outline  when the RCA can  extend a                                                               
timeline  for good  cause,  and also  provides  for timelines  of                                                               
adjudicated  docket matters,  including  private settlements  and                                                               
contracts not otherwise subject to state or federal law.                                                                        
                                                                                                                                
REPRESENTATIVE SAMUELS asked  if the sponsor wanted  to revert to                                                               
the original version of HB 209.                                                                                                 
                                                                                                                                
REPRESENTATIVE OLSON replied he did not.                                                                                        
                                                                                                                                
1:56:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HOLMES   explained    her   understanding   that                                                               
[currently] the  RCA elects  its own chair  for a  one-year term,                                                               
and the chair  could serve three consecutive  terms before having                                                               
to sit out a year.   But CSHB 209(L&C) would require the governor                                                               
to appoint  the chair to  a three-year term, and  also eliminates                                                               
term limits.                                                                                                                    
                                                                                                                                
REPRESENTATIVE OLSON  stated it  was his understanding  that this                                                               
aligns the RCA with  how the other 14 or so  chairs of boards and                                                               
commissions  are appointed,  and how  the RCA  chair appointments                                                               
previously were done until 2001.                                                                                                
                                                                                                                                
REPRESENTATIVE HOLMES asked for  confirmation that under the bill                                                               
the chair  would be  appointed by the  governor for  a three-year                                                               
term at  the time  the current  chair's term  expires, and  a new                                                               
appointment would not be made when a new governor is elected.                                                                   
                                                                                                                                
REPRESENTATIVE OLSON  confirmed the appointment process  is for a                                                               
three-year term, not subject to a change in administration.                                                                     
                                                                                                                                
REPRESENTATIVE SAMUELS  asked whether the sponsor  preferred that                                                               
the  chair's term  would expire  after [three  years], or  if the                                                               
chair could be appointed to back-to-back terms.                                                                                 
                                                                                                                                
REPRESENTATIVE OLSON expressed no preference.                                                                                   
                                                                                                                                
CHAIR RAMRAS asked for the date of the sunset for the RCA.                                                                      
                                                                                                                                
REPRESENTATIVE OLSON responded  that the RCA would  sunset in two                                                               
years under the current sunset timeline.                                                                                        
                                                                                                                                
1:59:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS  asked for clarification of  the powers of                                                               
the  RCA chair,  as compared  to the  other board  and commission                                                               
chairs, with respect to back-to-back terms.                                                                                     
                                                                                                                                
REPRESENTATIVE OLSON  replied that the  role of the RCA  chair is                                                               
to distribute the workload and prepare the meeting agendas.                                                                     
                                                                                                                                
CHAIR  RAMRAS  related  an  experience  with  the  RCA  regarding                                                               
natural  gas, and  indicated that  if  Section 3  remains in  the                                                               
bill, his concern is that customers  would not be able to testify                                                               
before the RCA in proceedings.                                                                                                  
                                                                                                                                
REPRESENTATIVE OLSON  agreed and  also confirmed that  the sunset                                                               
provision would be set at four to six years.                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS said he still  has questions regarding the                                                               
power  of   the  chair,  and   expressed  concern   that  without                                                               
instituting a term limit, the chair might have too much power.                                                                  
                                                                                                                                
CHAIR RAMRAS  relayed his dissatisfaction  with the RCA due  to a                                                               
constituent concern  with respect to  natural gas rates,  and the                                                               
RCA's subsequent  ruling, but indicated  that he  also recognized                                                               
the importance of  the process, and the  wide-ranging impact that                                                               
the RCA has on the citizens of Alaska.                                                                                          
                                                                                                                                
2:06:36 PM                                                                                                                    
                                                                                                                                
JOHN BITNEY, Legislative  Liaison, Governor's Legislative Office,                                                               
Office of  the Governor,  explained that the  RCA sunset  bill is                                                               
also currently  before the  legislature, and  that the  RCA chair                                                               
term  ends this  year.   The RCA  went through  a review  process                                                               
which brought forth a number of  cleanup issues and reforms.  The                                                               
governor's office  took a deliberative  process in its  review of                                                               
the RCA  internal suggestions, keeping  in mind its goal  to keep                                                               
the RCA in effect, and to  maintain good RCA commissioners.  This                                                               
effort  pared  down  the  recommendations  to  ones  with  strong                                                               
support,  which  are  contained  in HB  209,  and  CSHB  209(L&C)                                                               
requires  changes in  terms  of the  sunset  and other  suggested                                                               
timeframes, which  are found in  Section 4 [and  other sections].                                                               
He  suggested, however,  that Section  9 of  the bill  needs some                                                               
review.                                                                                                                         
                                                                                                                                
MR.  BITNEY expressed  concern  with  Sections 2  and  3, and  he                                                               
suggested  that those  sections  be amended.    He indicated  the                                                               
governor supports  Section 1, which  outlines the  designation of                                                               
the  chair,  but  also recognizes  careful  scrutiny  and  review                                                               
process by  the legislature.  The  ultimate goal is to  arrive at                                                               
good  public  policy with  respect  to  the  RCA chair,  and  the                                                               
selection  of  the pipeline  coordinator.    He stated  that  the                                                               
governor  supports   the  committee's   decision  based   on  its                                                               
deliberation of the bill's merits.                                                                                              
                                                                                                                                
MR. BITNEY,  in response to  Representative Samuels,  replied the                                                               
administration had no preference on consecutive terms.                                                                          
                                                                                                                                
CHAIR RAMRAS interjected with his  understanding that the RCA has                                                               
a good, stable  reputation, and that in some circles,  the RCA is                                                               
considered  elevated in  status  to one  similar  to the  Federal                                                               
Energy Regulatory Commission (FERC).   He offered that an elected                                                               
chair can exert  some control over the members,  whereas, a chair                                                               
appointed by  the governor  has allegiance to  the governor.   He                                                               
opined  he  did not  know  whether  that  effect is  enhanced  or                                                               
diminished by allowing consecutive terms.                                                                                       
                                                                                                                                
REPRESENTATIVE  SAMUELS discussed  one option  would be  to amend                                                               
the bill to limit the RCA chair to one term.                                                                                    
                                                                                                                                
MR. BITNEY added  that the term of commissioner  is currently set                                                               
at [one year], with no term limit.                                                                                              
                                                                                                                                
2:14:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL stated  that  he did  not  oppose a  term                                                               
limit  for the  RCA  chair, although  he noted  that  there is  a                                                               
natural limiter  in place because  the governor  is term-limited.                                                               
The governor could  potentially appoint a chair three  times.  He                                                               
offered that  to limit the  chair's terms, it would  be necessary                                                               
to limit  the term to  two consecutive appointments in  order for                                                               
the next governor to appoint the RCA chair.                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG expressed a concern  with Section 1.  He                                                               
pointed out  that up  until 2001 the  governor appointed  the RCA                                                               
chair.   He  cautioned that  the  process of  switching back  and                                                               
forth between  electing and appointing  the RCA chair  might seem                                                               
to  the public  to  be politically  motivated,  depending on  the                                                               
party of the newly-elected governor.                                                                                            
                                                                                                                                
MR. BITNEY responded his understanding  that the goal has been to                                                               
maintain an  independent process for the  RCA.  He noted  that in                                                               
other  states  the  governor  currently  selects  the  regulatory                                                               
commission  chair,  so  HB  209   does  not  set  up  an  unusual                                                               
circumstance.  But he also offered  his sense of deference to the                                                               
committee to decide the matter.                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  reiterated his concern that  having the                                                               
governor appoint  the chair  puts the governor  in the  middle of                                                               
the matter.                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL expressed his  view that that could happen                                                               
but had not arisen during recent administration changes.                                                                        
                                                                                                                                
2:18:57 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS referred  to  page  4, lines  3-12,  of Section  9,                                                               
proposed subsection (f)(1).   He asked if  the administration had                                                               
any suggestions  with respect to  proceedings that  are unusually                                                               
complex or that have large factual records.                                                                                     
                                                                                                                                
MR. BITNEY  responded that he  did not have specific  language to                                                               
offer, but while  the terms are rather broad, he  opined that the                                                               
intent is clear  that Section 9 addresses  the timeframes without                                                               
placing undue constraints on the commission.                                                                                    
                                                                                                                                
CHAIR RAMRAS added that the  current RCA Chair has indicated that                                                               
inclusion  of subparagraph  (C) would  require the  commission to                                                               
add four new employees in order to implement that subparagraph.                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG  questioned  the  constitutionality  of                                                               
limiting the  commission's ability  to grant extensions  of time,                                                               
because   Article  III,   Section   26,  of   the  Alaska   State                                                               
Constitution  requires boards  with regulatory  or quasi-judicial                                                               
function to be independent boards.                                                                                              
                                                                                                                                
REPRESENTATIVE  LYNN responded  he did  not know  if there  was a                                                               
constitutional issue.                                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered  his  understanding  that  the                                                               
delegates in  the constitutional  convention were  very concerned                                                               
about   maintaining   the    independence   of   regulatory   and                                                               
quasi-judicial boards, and he  suggested that this constitutional                                                               
point be addressed.                                                                                                             
                                                                                                                                
2:25:37 PM                                                                                                                    
                                                                                                                                
IVY  FRYE,  Director of  Boards  &  Commissions, Capitol  Office,                                                               
Office of the  Governor, explained she was present  to answer any                                                               
questions with  respect to the  boards and commissions  where the                                                               
governor has the authority to appoint  the chair.  In response to                                                               
a question  by Representative  Samuels, she  said that  there are                                                               
currently 122 state boards and commissions.                                                                                     
                                                                                                                                
CHAIR RAMRAS asked for clarification on regulatory boards.                                                                      
                                                                                                                                
MS.  FRYE responded  that the  governor appoints  all members  of                                                               
boards and  commissions, of which  13 boards are  regulatory; all                                                               
boards and  commissions require  legislative confirmation  of its                                                               
appointees.  The regulatory boards  fall under the purview of the                                                               
Department  of   Commerce  Community  and   Economic  Development                                                               
(DCCED).                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  what arguments  were  made  for                                                               
changing the law in 2001, with  respect to electing the RCA Board                                                               
chair.                                                                                                                          
                                                                                                                                
MR. BITNEY offered his understanding  that concern arose with the                                                               
structure  of  the  former  Alaska  Public  Utilities  Commission                                                               
(APUC),  and   more  specifically  about  the   legality  of  the                                                               
appointment process, which resulted in the statute change.                                                                      
                                                                                                                                
MR.  BITNEY,   in  response  to  a   question  by  Representative                                                               
Gruenberg,  said  he did  not  recall  any discussion  about  the                                                               
appointment  process of  board  chairs at  the  time the  statute                                                               
pertaining to the RCA board chair changed.                                                                                      
                                                                                                                                
2:32:17 PM                                                                                                                    
                                                                                                                                
KRISTI  CATLIN, Vice-President,  State  Government Affairs,  AT&T                                                               
Alascom, stated that AT&T Alascom  is opposed to the changes made                                                               
in  Section 1  because the  current process  seems to  work well.                                                               
She  said that  the  chair  is elected  by  his/her  peers.   She                                                               
indicated  that no  problems have  arisen with  its commissioners                                                               
voting in  a block.   Skipping  over Sections 2  and 3,  she said                                                               
that  AT&T Alascom  is not  opposed to  changes made  to [current                                                               
statute] via  Sections 4,  5, 6,  7, and 8.   She  explained that                                                               
AT&T Alascom  shares the same  concerns previously  mentioned for                                                               
Section 9.   The  term "good  cause" is  heavily used  in utility                                                               
regulation with  extensive definitional  history due to  case law                                                               
so any attempt to redefine it could have serious ramifications.                                                                 
                                                                                                                                
MS. CATLIN, in response to  a question by Chair Ramras, indicated                                                               
that  she would  not be  opposed to  removing Section  9 entirely                                                               
because  of  the  potential  litigation  it  might  cause.    She                                                               
expressed  concern with  subparagraph (C),  which, she  surmised,                                                               
was designed  to ensure  that the  commission doesn't  extend its                                                               
timeline   due  to   workload,   scheduling,  or   administrative                                                               
convenience.     She  offered  that  although   an  extension  of                                                               
timelines may not be desirable,  the commission should be allowed                                                               
to extend  the timeline for  legitimate purposes.   She cautioned                                                               
that restricting the  commission could result in  the RCA issuing                                                               
a decision that may  not be as well reasoned as  it should be and                                                               
which may not be in the public interest.                                                                                        
                                                                                                                                
MS.  CATLIN  also  recommended  Section   10  be  amended.    She                                                               
explained that  when all  parties agree that  an extension  is in                                                               
the  best  interest of  all  parties,  that extension  should  be                                                               
granted  without  limitation.    In  response  to  a  request  by                                                               
Representative  Gruenberg, she  agreed to  provide the  committee                                                               
with suggested language for Section 10.                                                                                         
                                                                                                                                
2:39:30 PM                                                                                                                    
                                                                                                                                
GEORGE GORDON, Director, Regulatory  Affairs, Utility Services of                                                               
Alaska, Inc.,  stated that  he feels  strongly that  the 15-month                                                               
timeframe for rate  cases is far too long, when  other states can                                                               
complete these  cases in 9  months.   He agreed with  the concern                                                               
raised  about  Section 3,  which  still  needs to  be  addressed,                                                               
either  by  the legislature  or  the  RCA.    He noted  that  the                                                               
legislature would also be  considering legislation establishing a                                                               
task   force   to   make   recommendations   for   salaries   for                                                               
commissioners and staff, which does need attention.                                                                             
                                                                                                                                
MR. GORDON, in response to  a question by Chair Ramras, explained                                                               
that there  had been  an executive  director of  the RCA  but the                                                               
position had  been deleted.   He advocated for  re-instituting an                                                               
executive director in  order to have someone  available to answer                                                               
questions by  utilities.  He said  he felt that was  important so                                                               
they would not  have to contact the commissioners  or chair since                                                               
the  focus of  the chair  is  to adjudicate  cases and  precludes                                                               
him/her from responding timely to requests.                                                                                     
                                                                                                                                
REPRESENTATIVE OLSON  explained that  references to  pay increase                                                               
and staffing  levels have been  removed from HB 209  because such                                                               
issues are being addressed via other legislation.                                                                               
                                                                                                                                
CHAIR  RAMRAS referenced  subparagraph (C),  which he  opined may                                                               
necessitate  additional RCA  staff, and  suggested the  committee                                                               
may also need to look at deleting Section 9 from the bill.                                                                      
                                                                                                                                
REPRESENTATIVE OLSON  concurred.  He  added that he  just learned                                                               
this  afternoon  that  additional  staff  might  be  required  to                                                               
implement Section 9.                                                                                                            
                                                                                                                                
MR. GORDON, in  response to a question from  Chair Ramras, stated                                                               
that the  deletion of Section  3 somewhat addresses  his concern,                                                               
but  he would  like  the RCA  to limit  discovery  or place  some                                                               
controls, which would more fully address his concerns.                                                                          
                                                                                                                                
2:45:38 PM                                                                                                                    
                                                                                                                                
KATE GIARD, Commissioner; Chair,  Regulatory Commission of Alaska                                                               
(RCA), Department of Commerce,  Community, & Economic Development                                                               
(DCCED),  noted that  Commissioners  Price,  Wilson, and  Johnson                                                               
were also present.   She explained that a  commissioner's term is                                                               
set by statute at six years.   Commissioners are appointed by the                                                               
governor and are  confirmed by the legislature.   The change from                                                               
the appointment  to election  of the chair  by his/her  peers was                                                               
made in 2001  and became effective during the  last sunset review                                                               
by the  legislature in 2003.   She noted that when  the discovery                                                               
issue  was brought  forth, RCA  commissioners opened  two dockets                                                               
regarding AS 42.05:  the  pipeline statutes, and public utilities                                                               
statutes.                                                                                                                       
                                                                                                                                
MS. GIARD, in response to a  question, said that opening a docket                                                               
means  that the  commission has  agreed to  establish regulations                                                               
for discovery  practices and procedures  for the commission.   In                                                               
response  to  another  question,  she said  that  the  commission                                                               
discussed whether it should  have different discovery regulations                                                               
within 42.05, public utilities, for  both smaller and larger rate                                                               
case proceedings.   She  indicated it is  likely that  the public                                                               
will  request  this  and  the commission  is  amenable  to  those                                                               
regulatory changes.                                                                                                             
                                                                                                                                
REPRESENTATIVE OLSON  offered his understanding related  that the                                                               
commission will be intimately involved  in any process undertaken                                                               
by the proposed interim task force.                                                                                             
                                                                                                                                
MS. GIARD explained the powers and  duties of the RCA's Chair are                                                               
established in AS  42.04.070.  The commissioners  have heard many                                                               
comments  about  Section  1,  with respect  to  the  chair  being                                                               
appointed versus  elected.  She  noted that she has  been elected                                                               
three times, by a vote of  3-2, 5-0, and 5-0, respectively, which                                                               
she opined  indicates that the  commissioners are happy  with her                                                               
performance or  they would simply elect  a new chair.   The chair                                                               
has the  authority to set staff  assignments, priorities, travel,                                                               
and  which staff  can  have  legislative contact.    If she  were                                                               
appointed, she opined,  she would not have to  convince her peers                                                               
of the  merit of an approach  but instead would move  her agenda.                                                               
Although  the  five  commissioners  may  disagree  vehemently  on                                                               
certain  topics, they  work collectively  for  the betterment  of                                                               
Alaska.  She cited two instances,  in 1999 and 2005, when the RCA                                                               
chair   had  been   appointed,  that   the  commission   was  not                                                               
functional.  She opined that  in her experience, an elected chair                                                               
works well.                                                                                                                     
                                                                                                                                
2:54:15 PM                                                                                                                    
                                                                                                                                
MS. GIARD  referred to  Section 9,  and explained  that currently                                                               
the  commission  has  the  authority   to  extend  the  statutory                                                               
deadline one  time for good cause.   She noted that  this is very                                                               
rarely done.   She  recapped that the  commission has  not abused                                                               
the extension provisions under AS  42.05.175(f), and opined there                                                               
is  no reason  to change  this  subsection.   She noted  specific                                                               
statistics in  the RCA annual report,  and referred to page  6 of                                                               
the RCA annual report which  showed that since 2004 the statutory                                                               
timeline has been  extended 13 times by the RCA,  and 19 times by                                                               
the parties.   She opined  this does not  point to misuse  of the                                                               
commission's  discretion.    She related  specific  instances  in                                                               
2006, when the timeline was extended  twice:  once due to a death                                                               
[of  the party's  spouse], and  another time  because the  public                                                               
advocate  had asked  for an  extension because  he/she could  not                                                               
participate timely.                                                                                                             
                                                                                                                                
MS. GIARD  referred to Section  10, proposed subsection  (k), and                                                               
explained that  the term "private  settlements and  contracts" in                                                               
public  utility  matters  has  not been  used  before  since  all                                                               
matters before the  commission are public.   Every matter affects                                                               
a  ratepayer,  so  the  terminology   of  private  settlement  or                                                               
contract  doesn't  exist.   She  offered  that  the RCA  did  not                                                               
recommend these provisions, and  suggested that defining "private                                                               
settlements and  contracts" as used  in this subsection  could be                                                               
addressed at a later date, perhaps  after the interim work of the                                                               
aforementioned  proposed  task  force.     The  RCA  agrees  with                                                               
industry  requests for  the  timelines in  subsection  (k):   the                                                               
stipulation that  the commission  shall issue  a final  order not                                                               
later than 180  days after the filing of  an initiating petition,                                                               
and that  the RCA shall  issue a final  order not later  than 365                                                               
days after  the issuance of an  order opening the docket.   Those                                                               
timelines  are for  dockets  not otherwise  covered,  so the  RCA                                                               
supports them.                                                                                                                  
                                                                                                                                
MS. GIARD  explained that  the legislature  authorized additional                                                               
funding, which  the RCA used to  improve its system.   She opined                                                               
that the RCA is now ready  to shorten its statutory timelines and                                                               
meet new challenges.  But,  she cautioned, the RCA cannot shorten                                                               
timelines without first addressing personnel issues.                                                                            
                                                                                                                                
CHAIR RAMRAS offered concern that  his community pays the highest                                                               
price in  the nation for  natural gas  but that 300  miles south,                                                               
the community  pays the least,  and his desire to  reconcile this                                                               
cost discrepancy.                                                                                                               
                                                                                                                                
3:02:17 PM                                                                                                                    
                                                                                                                                
TED    MONINSKI,    Director,    Regulatory    Affairs,    Alaska                                                               
Communications Systems  (ACS), gave  a brief history  by relating                                                               
that  in   2002,  the  legislature  enacted   AS  43.05.175,  the                                                               
standards  of  timeliness  provisions,  which created  a  set  of                                                               
deadlines  under which  the  RCA  was required  to  operate.   He                                                               
offered  this  has worked  well,  however,  the statute  did  not                                                               
create a  comprehensive scope of  coverage, but left a  number of                                                               
matters not covered.   Section 10, subsection (k),  is an attempt                                                               
to correct  that omission,  but unfortunately  it is  missing the                                                               
word,  "state."   He referred  to subsection  (k), which  in part                                                               
reads,  "In  adjudicated  docket  matters that  come  before  the                                                               
commission under  federal law  or involve  the review  of private                                                               
settlements"  excludes  any number  of  matters  that might  come                                                               
before the commission  under state law."  He  opined that leaving                                                               
out the word  "state" in subsection (k) will cause  problems.  He                                                               
noted  cases will  come  before  the RCA  that  have no  deadline                                                               
associated  with  it.    The  ACS  strongly  recommends  revising                                                               
subsection (k), on page 4, line  18, by inserting before the word                                                               
"federal", "state or".                                                                                                        
                                                                                                                                
REPRESENTATIVE  OLSON,  in  response  to  a  question,  by  Chair                                                               
Ramras,  stated  that he  had  no  comments about  the  suggested                                                               
change.                                                                                                                         
                                                                                                                                
MR. MONINSKI  offered that  the suggested  change would  shore up                                                               
the proposal.  He noted that he  has a long history with the APUC                                                               
and the  RCA, having served  as the executive director  from 1981                                                               
to 1991.   Since then he  has represented clients in  the private                                                               
sector in matters before the APUC and  the RCA.  In response to a                                                               
question  from  Chair  Ramras,  he  offered  that  the  executive                                                               
director position was  set aside in 1991  because the substantial                                                               
restructuring of the agency via changes  made to AS 42.04 made it                                                               
somewhat redundant to have an executive director position.                                                                      
                                                                                                                                
MR.  MONINSKI stated  he concurred  with Mr.  Gordon that  the ex                                                               
parte  rules  makes  it difficult  for  parties  in  adjudicatory                                                               
matters  to  communicate with  the  RCA  without violating  those                                                               
rules.   The  parties  need  a means  to  interact  with the  RCA                                                               
without  direct  communication with  the  parties,  and having  a                                                               
staff director is one option.                                                                                                   
                                                                                                                                
MR. MONINSKI, in response to  a question by Representative Holmes                                                               
about the  terms "private settlements  and contracts"  in Section                                                               
10, responded that  the degree of clarity that can  be added to a                                                               
statutory position  can be helpful  in avoiding  future disputes,                                                               
although it  is impossible to  provide clarity in 100  percent of                                                               
the cases.   When terms  are included  that are not  clear, these                                                               
terms are often  litigated in court by the RCA  or other parties,                                                               
and the  ensuing case law  helps people interpret  and understand                                                               
the terms.                                                                                                                      
                                                                                                                                
3:09:56 PM                                                                                                                    
                                                                                                                                
VIRGINIA RUSH,  AARP, explained  she has  been involved  with the                                                               
RCA and  its predecessor  since 1981.   She  related that  for 23                                                               
years  she  worked as  an  assistant  attorney general  [for  the                                                               
Department of Law (DOL)], and that  for 14 of those years she was                                                               
assigned as a staff advocate and  legal counsel for the RCA.  She                                                               
noted that in  previous testimony she urged  deletion of Sections                                                               
2  and  3.    She  opined that  these  sections  pertain  to  the                                                               
technical rules and discovery which would  add to the cost of RCA                                                               
proceedings.   The  second part  of Section  3 would  prevent the                                                               
AARP from  intervening in RCA  cases.  The AARP  intervened twice                                                               
last year on behalf of consumers,  by filing an amicus brief, and                                                               
has also participated by attending RCA hearings.                                                                                
                                                                                                                                
MS.  RUSH offered  the AARP's  recommendation that  Section 9  be                                                               
deleted, or  at least  delete the last  part of  subparagraph (C)                                                               
due  to its  severe limitation  for the  RCA.   The beginning  of                                                               
subparagraph (C)  provides some flexibility by  allowing for good                                                               
cause for a compelling public  policy reason.  She explained that                                                               
Section 9  defines what constitutes  good cause for  an extension                                                               
of  the timelines.   This  section  would preclude  the RCA  from                                                               
granting extensions,  even when the  RCA has no control  over its                                                               
time constraints,  for example, when complex  multiple rate cases                                                               
are  filed simultaneously.   She  reiterated that  the RCA  needs                                                               
some   flexibility  when   the   commission  identifies   another                                                               
compelling public policy reason for an extension.                                                                               
                                                                                                                                
MS.  RUSH explained  that the  commission's work  is intended  to                                                               
protect the  public and  so imposing  limitations might  hurt the                                                               
consumer.   She related an example  where a utility files  a rate                                                               
case  asking  for a  10  percent  increase.   Under  the  current                                                               
statutes  when the  RCA does  not complete  its work  timely, the                                                               
rate  change  automatically  goes  into effect.    She  expressed                                                               
concern that  the RCA might find  that a 5 percent  rate increase                                                               
is justified, but  because the RCA might not be  able to complete                                                               
the order by the deadline, the  10 percent increase would go into                                                               
effect.   She  opined  it is  not appropriate  to  take away  the                                                               
commission's ability to protect consumers.                                                                                      
                                                                                                                                
MS. RUSH  argued against shortening  the timeline from  15 months                                                               
to  9 months.    When a  utility  petitions the  RCA  for a  rate                                                               
increase, the  RCA has a  45-day period to determine  whether the                                                               
rate  increase should  go into  effect.   Oftentimes the  RCA can                                                               
comply within that timeframe, but  in unusually complex cases the                                                               
RCA suspends its action pending  further investigation.  However,                                                               
since the  investigator is a  DOL investigator and the  agency is                                                               
often  short  staffed,  the  investigation  cannot  be  completed                                                               
timely,  which adversely  impacts the  RCA's ability  to complete                                                               
its work.   If the timeline is reduced, she  cautioned that there                                                               
needs  to be  adequate  investigative staff  available to  ensure                                                               
that the investigations are done timely.                                                                                        
                                                                                                                                
MS. RUSH indicated  that the process allows for  the utilities to                                                               
respond  but the  utilities  also  frequently request  additional                                                               
time extensions.   Once  the hearing is  conducted, the  RCA must                                                               
write its decision.   These decisions are  generally lengthy with                                                               
up to  70-100 pages necessary  to outline its  complex decisions.                                                               
In conclusion, she  opined it just is not  possible to adequately                                                               
address the  issues in a complex  rate case in a  9-month period.                                                               
She urged the committee to not  shorten the time period unless it                                                               
also researched and addressed staffing issues within the DOL.                                                                   
                                                                                                                                
CHAIR RAMRAS  indicated that  he still  supports an  amendment to                                                               
shorten the timeline.                                                                                                           
                                                                                                                                
3:22:21 PM                                                                                                                    
                                                                                                                                
JIM  ROWE,  Executive   Director,  Alaska  Telephone  Association                                                               
(ATA), recommended the  deletion of Sections 2 and 3.   He agreed                                                               
with the prior  comments by Mr. Gordon regarding  discovery as an                                                               
issue,  particularly for  small utilities,  adding that  a larger                                                               
entity can  potentially win a  case simply by  imposing discovery                                                               
after discovery.   He  suggested deleting  Section 9,  to improve                                                               
the bill, and  said he supports deleting the phrase  Ms. Rush had                                                               
suggested with respect to subparagraph (C).                                                                                     
                                                                                                                                
REPRESENTATIVE OLSON advised the  committee that the bill drafter                                                               
agrees to  the suggested change  to Section 10, after  "under" to                                                               
insert "state or" before "federal".                                                                                             
                                                                                                                                
MR.  ROWE  expressed interest  in  having  the suggested  changes                                                               
incorporated into the bill.                                                                                                     
                                                                                                                                
The committee took an at-ease from 3:27 p.m. to 3:40 p.m.                                                                       
                                                                                                                                
CHAIR RAMRAS,  upon determining  no one  else wished  to testify,                                                               
closed public testimony on HB 209.                                                                                              
                                                                                                                                
3:40:57 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  made a  motion to  adopt [Conceptual]  Amendment 1,                                                               
which  would  delete Sections  2,  3,  and  9.   There  being  no                                                               
objection, Conceptual Amendment 1 was adopted.                                                                                  
                                                                                                                                
CHAIR  RAMRAS made  a motion  to adopt  Amendment 2,  labeled 25-                                                               
LS0717\M.2, Kane, 5/1/07, which read:                                                                                           
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete ";"                                                                                                          
          Insert "and"                                                                                                        
                                                                                                                                
     Page 1, lines 2 - 3:                                                                                                       
          Delete "; and relating to rules of evidence,                                                                        
     discovery, and petitions to intervene in a proceeding                                                                    
     of the commission"                                                                                                       
                                                                                                                                
     Page 2, lines 1 - 31:                                                                                                      
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
CHAIR RAMRAS made  a motion to amend Amendment 2  by deleting the                                                               
language  proposing a  change  to  page 2,  lines  1-31, as  that                                                               
change has  already occurred  with the  adoption of  Amendment 1.                                                               
[The committee treated the amendment to Amendment 2 as adopted].                                                                
                                                                                                                                
CHAIR  RAMRAS  announced  that   Amendment  2,  as  amended,  was                                                               
adopted.                                                                                                                        
                                                                                                                                
CHAIR  RAMRAS made  a  motion to  adopt  Conceptual Amendment  3,                                                               
which read [original punctuation provided]:                                                                                     
                                                                                                                                
     Page 3, Line 15 Delete"450" and Insert "270".                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
MS. GIARD, responding to a  question by Representative Gruenberg,                                                               
offered that  the RCA's  proposed language was  in response  to a                                                               
request that  the RCA change the  timeframe to nine months.   The                                                               
RCA preferred a two-tier proposal  which would move the statutory                                                               
timeline to  365 days  effective July 1,  2008, and  later change                                                               
the timeframe statutorily to nine  months effective in 2010.  The                                                               
purpose for the delay is to  allow the DOL to increase its staff,                                                               
and  allow the  RCA to  put into  place the  discovery rules  and                                                               
other necessary changes  required.  The RCA  supports the shorter                                                               
statutory  timeline but  it cannot  do  so by  regulation if  the                                                               
legislature passes a nine-month timeline.                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG suggested an  amendment to  Amendment 3,                                                               
to add the  dates, July 1, 2008, and the  transitional phase date                                                               
of July 1, 2010.                                                                                                                
                                                                                                                                
MS.  GIARD confirmed  that these  dates  would allow  the RCA  to                                                               
finalize the discovery regulations,  and make other modifications                                                               
to handle the caseload under the shorter timeline.                                                                              
                                                                                                                                
CHAIR  RAMRAS  stated he  would  consider  instead changing  "270                                                               
days" to a  date of July 1, 2008, but  would not entertain adding                                                               
a July 1, 2010, date.                                                                                                           
                                                                                                                                
REPRESENTATIVE   OLSON,   in   response    to   a   question   by                                                               
Representative  Samuels,  advised  that  he  had  no  opinion  on                                                               
Amendment 3.                                                                                                                    
                                                                                                                                
3:47:1 2 PM                                                                                                                   
                                                                                                                                
CHAIR  RAMRAS   [made  a   motion  to   adopt  an   amendment  to                                                               
[Conceptual]  Amendment 3,  to [simply  establish a  deadline of]                                                               
"July 1, 2008".   There being no  objection, Conceptual Amendment                                                               
3 was amended.                                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  removed his  objection to  Amendment 3,                                                               
as amended.                                                                                                                     
                                                                                                                                
CHAIR RAMRAS  announced that Conceptual Amendment  3, as amended,                                                               
was adopted.                                                                                                                    
                                                                                                                                
3:48:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS   made  a  motion  to   adopt  Conceptual                                                               
Amendment 4, which read [original punctuation provided]:                                                                        
                                                                                                                                
     Page 1, Line 11                                                                                                            
                                                                                                                                
     Insert after "The term of chair is three years":                                                                         
                                                                                                                                
      and the chair may only serve one term.  If the chair                                                                      
      fills a vacancy with time remaining on the term, the                                                                      
     chair may be appointed to a subsequent full term.                                                                        
                                                                                                                                
CHAIR RAMRAS  objected for  the purpose  of discussion,  and then                                                               
removed  his  objection.    There  being  no  further  objection,                                                               
Conceptual Amendment 4 was adopted.                                                                                             
                                                                                                                                
3:48:40 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  made a motion  to adopt Conceptual Amendment  5, to                                                               
insert on page  4, line 18, before the word  "federal", the words                                                               
"state or".   There  being no  objection, Conceptual  Amendment 5                                                               
was adopted.                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS made  a  motion to  adopt  Conceptual Amendment  6,                                                               
which read [original punctuation provided]:                                                                                     
                                                                                                                                
     Page 3, Line 15, New Sec. 10                                                                                               
                                                                                                                                
     AS 42.05.175(f)  is amended to read  The commission may                                                                    
     extend  a timeline  required  under  [(a)-(e) of]  this                                                                    
     section  if  all  parties  of  record  consent  to  the                                                                    
     extension  or  if,  for  one   time  only,  before  the                                                                    
     timeline expires....                                                                                                       
                                                                                                                                
REPRESENTATIVE HOLMES objected for the purpose of discussion.                                                                   
                                                                                                                                
CHAIR RAMRAS  indicated this language  was recommended  by Kristi                                                               
Catlin, AT&T.                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG asked for clarification.                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES  noted that  Conceptual Amendment  6 should                                                               
instead be proposing a change to page 4.                                                                                        
                                                                                                                                
The committee took an at-ease from 3:50 p.m. to 3:53 p.m.                                                                       
                                                                                                                                
REPRESENTATIVE  HOLMES  requested  clarification  on  the  change                                                               
proposed  to  AS  42.05.175(f) since  Section  9  was  previously                                                               
deleted.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG offered  his  understanding that  under                                                               
Conceptual  Amendment  6,  the  RCA  could  extend  any  timeline                                                               
required under subsection (f), and  that existing paragraphs (1)-                                                               
(3) of subsection (f) would remain the same.                                                                                    
                                                                                                                                
3:54:50 PM                                                                                                                    
                                                                                                                                
MS.  CATLIN  clarified that  subsection  (f)  currently allows  a                                                               
timeline required  under (a)-(e)  to be  extended, and  what AT&T                                                               
would like is to extend it to proposed subsection (k) as well.                                                                  
                                                                                                                                
CHAIR  RAMRAS acknowledged  that  Conceptual  Amendment 6  needed                                                               
additional  work  and encouraged  Ms.  Catlin  to work  with  the                                                               
sponsor to draft an amendment.                                                                                                  
                                                                                                                                
CHAIR RAMRAS then withdrew Conceptual Amendment 6.                                                                              
                                                                                                                                
3:57:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  moved  to  report  CSHB  209(L&C),  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There being no  objection, CSHB
209(JUD)  was   reported  from   the  House   Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:57 p.m.                                                                 

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