Legislature(2001 - 2002)

03/09/2001 01:20 PM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
                 HOUSE RULES STANDING COMMITTEE                                                                               
                         March 9, 2001                                                                                          
                           1:20 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Pete Kott, Chair                                                                                                 
Representative Brian Porter                                                                                                     
Representative Vic Kohring                                                                                                      
Representative Ethan Berkowitz                                                                                                  
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Carl Morgan                                                                                                      
Representative Lesil McGuire                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 127                                                                                                              
"An  Act  relating  to  emergency  equipment  to  be  carried  on                                                               
aircraft."                                                                                                                      
                                                                                                                                
     - MOVED CSHB 127(RLS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
CS FOR SENATE BILL NO. 84(FIN)                                                                                                  
"An Act  exempting certain joint action  agencies from regulation                                                               
by  the state  or  municipalities; relating  to the  relationship                                                               
between certain  joint action agencies  and the  public utilities                                                               
that  form the  joint  action agencies;  relating  to powers  and                                                               
immunities of certain joint action  agencies; requiring filing of                                                               
certain  joint   action  agency   agreements;  relating   to  the                                                               
financial  affairs of  certain joint  action agencies;  declaring                                                               
certain joint  action agencies to  be political  subdivisions for                                                               
certain purposes;  relating to  liability and  indemnification of                                                               
officers,  employees,   and  agents   of  certain   joint  action                                                               
agencies;  and defining  'agency agreement'  and 'parties  to the                                                               
agency agreement' as used with  reference to certain joint action                                                               
agencies."                                                                                                                      
                                                                                                                                
     - MOVED CSSB 84(FIN) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 127                                                                                                                  
SHORT TITLE:AIRCRAFT EMERGENCY EQUIPMENT                                                                                        
SPONSOR(S): REPRESENTATIVE(S)HARRIS                                                                                             
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/14/01     0317       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/14/01     0317       (H)        TRA                                                                                          
02/22/01                (H)        TRA AT 1:00 PM CAPITOL 17                                                                    
02/22/01                (H)        Moved CSHB 127(TRA) Out of                                                                   
                                   Committee                                                                                    
02/22/01                (H)        MINUTE(TRA)                                                                                  
02/23/01     0423       (H)        COSPONSOR(S): MORGAN                                                                         
02/26/01     0434       (H)        TRA RPT CS(TRA) 6DP                                                                          
02/26/01     0435       (H)        DP: KAPSNER, OGAN, SCALZI,                                                                   
                                   WILSON,                                                                                      
02/26/01     0435       (H)        KOOKESH, MASEK                                                                               
02/26/01     0435       (H)        FN1: ZERO(DOT)                                                                               
02/26/01     0435       (H)        REFERRED TO RULES                                                                            
03/09/01                (H)        RLS AT 1:15 PM BUTROVICH 205                                                                 
                                                                                                                                
BILL: SB 84                                                                                                                   
SHORT TITLE:PUBLIC UTILITY JOINT ACTION AGENCIES                                                                                
SPONSOR(S): SENATOR(S) TAYLOR                                                                                                   
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/12/01     0343       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/12/01     0343       (S)        JUD, FIN                                                                                     
02/15/01     0391       (S)        COSPONSOR(S): LINCOLN                                                                        
02/21/01                (S)        JUD AT 1:30 PM BELTZ 211                                                                     
02/21/01                (S)        Moved CS(JUD) Out of                                                                         
                                   Committee                                                                                    
                                   MINUTE(JUD)                                                                                  
02/22/01     0468       (S)        JUD RPT CS 3DP 1NR NEW TITLE                                                                 
02/22/01     0468       (S)        DP: TAYLOR, THERRIAULT,                                                                      
                                   COWDERY;                                                                                     
02/22/01     0468       (S)        NR: ELLIS                                                                                    
02/22/01     0468       (S)        FN1, FN2, FN3: ZERO(CED)                                                                     
02/23/01                (S)        FIN AT 9:00 AM SENATE FINANCE                                                                
                                   532                                                                                          
                                   MINUTE(FIN)                                                                                  
02/26/01                (S)        FIN AT 9:00 AM SENATE FINANCE                                                                
                                   532                                                                                          
02/26/01                (S)        Moved CSSB 84(FIN) Out of                                                                    
                                   Committee                                                                                    
                                   MINUTE(FIN)                                                                                  
02/26/01     0500       (S)        FIN RPT CS FORTHCOMING 5DP                                                                   
                                   4NR                                                                                          
02/26/01     0501       (S)        NR: KELLY, DONLEY, GREEN,                                                                    
                                   WILKEN;                                                                                      
02/26/01     0501       (S)        DP: AUSTERMAN, HOFFMAN,                                                                      
                                   OLSON, WARD,                                                                                 
02/26/01     0501       (S)        LEMAN                                                                                        
02/26/01     0501       (S)        FN1, FN2, FN3: ZERO(CED)                                                                     
02/27/01     0519       (S)        FIN CS RECEIVED NEW TITLE                                                                    
02/28/01                (S)        RLS AT 10:30 AM FAHRENKAMP                                                                   
                                   203                                                                                          
02/28/01     0535       (S)        RULES TO CALENDAR 2/28/01                                                                    
02/28/01     0540       (S)        READ THE SECOND TIME                                                                         
02/28/01     0540       (S)        FIN CS ADOPTED UNAN CONSENT                                                                  
02/28/01     0540       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
02/28/01     0540       (S)        READ THE THIRD TIME CSSB
                                   84(FIN)                                                                                      
02/28/01     0541       (S)        PASSED Y18 N- E1 A1                                                                          
02/28/01     0543       (S)        TRANSMITTED TO (H)                                                                           
02/28/01     0543       (S)        VERSION: CSSB 84(FIN)                                                                        
03/09/01                (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/09/01                (H)        RLS                                                                                          
03/09/01                (H)        REFERRED TO RULES                                                                            
03/09/01                (H)        RLS AT 1:15 PM BUTROVICH 205                                                                 
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOHN MANLY, Staff                                                                                                               
to Representative Harris                                                                                                        
Alaska State Legislature                                                                                                        
Capitol Building, Room 513                                                                                                      
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Testified on behalf of Representative                                                                      
Harris, the sponsor of HB 127.                                                                                                  
                                                                                                                                
SENATOR ROBIN TAYLOR                                                                                                            
Alaska State Legislature                                                                                                        
Capitol Building, Room 30                                                                                                       
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Testified as the sponsor of SB 84.                                                                         
                                                                                                                                
REPRESENTATIVE PEGGY WILSON                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 409                                                                                                      
Juneau, Alaska 99801                                                                                                            
POSITION  STATEMENT:   Testified  in  support  of  SB 84  as  the                                                               
sponsor of HB 119, the companion bill.                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-2, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  PETE  KOTT  called  the  House  Rules  Standing  Committee                                                               
meeting to  order at 1:20  p.m.  Members  present at the  call to                                                               
order were Representatives Kott,  Porter, Kohring, Berkowitz, and                                                               
Joule.                                                                                                                          
                                                                                                                                
HB 127-AIRCRAFT EMERGENCY EQUIPMENT                                                                                           
                                                                                                                                
                                                                                                                                
CHAIR KOTT  announced that the  first order of business  would be                                                               
HOUSE BILL  NO. 127, "An  Act relating to emergency  equipment to                                                               
be  carried  on  aircraft."    [Before  the  committee  was  CSHB
127(TRA);  however,   committee  packets  contained   a  proposed                                                               
committee substitute (CS), Version F.]                                                                                          
                                                                                                                                
JOHN  MANLY,   Staff  to  Representative  Harris,   Alaska  State                                                               
Legislature, testified  on behalf  of Representative  Harris, the                                                               
sponsor of  HB 127.  Mr.  Manly explained that the  bill seeks to                                                               
address the  requirement for a  private pilot to carry  a firearm                                                               
as part  of the emergency  equipment.  This requirement  has been                                                               
in place  since 1949.   However, Canada recently changed  its law                                                               
such that  it prohibits  pistols; it is  a cumbersome  process to                                                               
try to  get a firearm into  Canada.  Therefore, it  is an awkward                                                               
situation in which it is illegal  to take off in Alaska without a                                                               
firearm  but it  is illegal  to land  in Canada  with a  firearm.                                                               
This legislation would provide an  exemption for those taking off                                                               
and  flying to  Canada  under a  Federal Aviation  Administration                                                               
(FAA) flight plan that has been activated.                                                                                      
                                                                                                                                
MR.  MANLY  specified  that  this committee  is  being  asked  to                                                               
slightly  broaden the  title to  include the  language, "aviation                                                               
and".   Therefore,  the title  would read  as follows:   "An  Act                                                               
relating to  aviation and  emergency equipment  to be  carried on                                                               
aircraft."   This is to allow  the Senate to [revamp  some of the                                                               
old  statute  in Title  2  beyond  just the  emergency  equipment                                                               
language].                                                                                                                      
                                                                                                                                
CHAIR KOTT noted  that committee members have  been provided with                                                               
the  proposed CS,  Version F,  that  includes the  aforementioned                                                               
change to the title.                                                                                                            
                                                                                                                                
Number 0237                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  inquired as to  why the House  does not                                                               
fix the problems in Title 2.                                                                                                    
                                                                                                                                
MR. MANLY informed the committee  that Senator Halford is working                                                               
on  a  major  rewrite  of  Title 2  and  thus  "we  thought  we'd                                                               
accommodate him."                                                                                                               
                                                                                                                                
REPRESENTATIVE BERKOWITZ  referred to  subparagraph (G)  that has                                                               
changed the requirement  from two small boxes of  matches to fire                                                               
starter.   He noted  that there  is no  requirement for  a signal                                                               
mirror, which he thought of as standard survival equipment.                                                                     
                                                                                                                                
MR.  MANLY  indicated  that  requiring   a  signal  mirror  would                                                               
probably "make  sense."   With regard to  the language  change in                                                               
subparagraph  (G),  he  explained that  Representative  Ogan  had                                                               
thought that  [reference to] more  modern fire  starter equipment                                                               
of  all  sorts  would  be  more appropriate.    He  informed  the                                                               
committee that  several other archaic portions  of this [statute]                                                               
were considered.  For example,  Representative Harris thought the                                                               
small gill net requirement should  be replaced with a requirement                                                               
for "fishing  tackle" because  one can't even  find a  small gill                                                               
net.                                                                                                                            
                                                                                                                                
REPRESENTATIVE BERKOWITZ  remarked that  he could  recommend what                                                               
to  carry based  on his  experience.   However, he  surmised that                                                               
there are  experts in survival  of emergency situations  and thus                                                               
he hoped  that the statute  would reflect their  expertise rather                                                               
"our"  camping experiences.   Representative  Berkowitz said,  "I                                                               
just hope that  if we do decide  to send this over,  with an open                                                               
title,  to   the  other   side  that   ...  those   concerns  are                                                               
accommodated."                                                                                                                  
                                                                                                                                
MR.  MANLY  reiterated that  Senator  Halford  is doing  a  major                                                               
rewrite of  Title 2.   Therefore, he suspected that  this section                                                               
[that HB 127 addresses] will receive some attention as well.                                                                    
                                                                                                                                
CHAIR KOTT  noted his belief  that Senator Olson is  working with                                                               
Senator Halford on the Title 2 rewrite.                                                                                         
                                                                                                                                
MR.  MANLY  interjected  that   Senator  Olson  had  contemplated                                                               
introducing a companion bill to HB 127.                                                                                         
                                                                                                                                
Number 0437                                                                                                                     
                                                                                                                                
CHAIR  KOTT  asked  if  any   consideration  had  been  given  to                                                               
including [a requirement to] carry a compass.                                                                                   
                                                                                                                                
MR.  MANLY said  that  didn't come  up in  any  of the  committee                                                               
meetings.  He explained that  the main concern was to accommodate                                                               
this problem with Canada.                                                                                                       
                                                                                                                                
Number 0480                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER moved to adopt  CSHB 127, Version F, as the                                                               
working  document   before  the   committee.    There   being  no                                                               
objection, Version F was before the committee.                                                                                  
                                                                                                                                
Number 0498                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER moved  to report CSHB 127  out of committee                                                               
with  individual  recommendations   [and  the  accompanying  zero                                                               
fiscal  note].   There  being  no  objection, CSHB  127(RLS)  was                                                               
reported from the House Rules Standing Committee.                                                                               
                                                                                                                                
SB 84 - PUBLIC UTILITY JOINT ACTION AGENCIES                                                                                  
                                                                                                                                
[Contains discussion of HB 119, the companion bill.]                                                                            
                                                                                                                                
CHAIR KOTT  announced the final  item of business, CS  FOR SENATE                                                               
BILL  NO.  84(FIN),  "An  Act   exempting  certain  joint  action                                                               
agencies  from   regulation  by  the  state   or  municipalities;                                                               
relating  to  the  relationship   between  certain  joint  action                                                               
agencies  and the  public utilities  that form  the joint  action                                                               
agencies;  relating to  powers and  immunities  of certain  joint                                                               
action agencies; requiring filing  of certain joint action agency                                                               
agreements; relating  to the financial  affairs of  certain joint                                                               
action agencies;  declaring certain  joint action agencies  to be                                                               
political   subdivisions  for   certain  purposes;   relating  to                                                               
liability and indemnification of  officers, employees, and agents                                                               
of   certain  joint   action  agencies;   and  defining   'agency                                                               
agreement' and  'parties to  the agency  agreement' as  used with                                                               
reference to certain joint action agencies."                                                                                    
                                                                                                                                
CHAIR KOTT  invited Senator Taylor  and Representative  Wilson to                                                               
the witness  table.  He  noted that  the companion bill  [HB 119,                                                               
sponsored  by  Representative  Wilson]  was heard  in  two  House                                                               
committees [the  House Labor and Commerce  Standing Committee and                                                               
the House Judiciary Standing Committee].                                                                                        
                                                                                                                                
Number 0584                                                                                                                     
                                                                                                                                
SENATOR  ROBIN TAYLOR,  Alaska State  Legislature, sponsor  of SB
84,  thanked the  committee for  hearing the  bill expeditiously.                                                               
He reminded members that the  previous year, legislation provided                                                               
for the  future endowment  of the  power cost  equalization (PCE)                                                               
program.   It also provided for  the transfer of assets  from the                                                               
State  of Alaska  to what  is now  called a  joint action  agency                                                               
(JAA), to  operate the Four  Dam Pool  assets; the hope  was that                                                               
sometime  in  the future  -  after  the  debt  to the  state  for                                                               
purchase of  those assets was  paid off  - those assets  would be                                                               
transferred   to  the   communities   receiving  the   electrical                                                               
generation.   It isn't  known how that  transition may  occur, or                                                               
when.                                                                                                                           
                                                                                                                                
SENATOR TAYLOR explained  that because of the  hurried passage of                                                               
that legislation,  not all  details were  addressed.   During the                                                               
interim,   the  "power   management  committee,"   AIDEA  [Alaska                                                               
Industrial  Development  and  Export Authority],  the  governor's                                                               
office, and the affected communities  began working diligently on                                                               
how to  transfer these assets.   Many questions  arose, including                                                               
whether rights-of-way were  needed for power lines,  who owns the                                                               
land under those,  and what the liability would  be of individual                                                               
council members  and communities.   Some  of those  questions had                                                               
not been resolved when the legislation passed.                                                                                  
                                                                                                                                
SENATOR TAYLOR  noted that although he  and Representative Wilson                                                               
had  worked  with  the  people  involved,  neither  authored  the                                                               
legislation; he  considers the attorney general's  office, AIDEA,                                                               
the affected  communities, and their  attorneys, who  brought the                                                               
legislation  [to the  sponsors], to  be  as much  the authors  as                                                               
anyone.                                                                                                                         
                                                                                                                                
Number 0802                                                                                                                     
                                                                                                                                
SENATOR  TAYLOR explained  the reason  for  expediting the  bill.                                                               
Agreements  have  to  be  signed   by  [representatives  of]  the                                                               
communities,  after their  attorneys  look  at [the  agreements].                                                               
Before  that, however,  the property  transactions and  liability                                                               
aspects must be  addressed.  "Until they sign,  the money doesn't                                                               
flow that  endows PCE,"  he told  members.   "And PCE's  going to                                                               
impact  your   budget  pretty  significantly  this   year."    He                                                               
indicated everyone is in agreement  about the version that passed                                                               
the Senate, and emphasized the need to get this done soon.                                                                      
                                                                                                                                
Number 0873                                                                                                                     
                                                                                                                                
REPRESENTATIVE  PEGGY WILSON,  Alaska State  Legislature, sponsor                                                               
of companion bill  HB 119, stated that all sides  are happy about                                                               
it now, and everything is in place, including legal issues.                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  asked whether  the changes made  in the                                                               
House version are incorporated into the Senate version.                                                                         
                                                                                                                                
REPRESENTATIVE WILSON answered affirmatively.                                                                                   
                                                                                                                                
REPRESENTATIVE  BERKOWITZ   asked  whether  they   are  identical                                                               
documents but with different titles.                                                                                            
                                                                                                                                
SENATOR  TAYLOR replied,  "The one  that came  out of  [the House                                                               
Judiciary Standing Committee]  on your side."   He commented that                                                               
this has been a 15-year struggle,  then said, "We're going to pay                                                               
$70-plus  million  dollars  to   get  these  assets  conveyed  to                                                               
communities.   I think it's a  good deal for the  communities.  I                                                               
think it's a good deal for the state."                                                                                          
                                                                                                                                
Number 0936                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOHRING  remarked that  he has struggled  with the                                                               
concept of  setting up an endowment  for PCE, and has  never been                                                               
totally convinced that it needs  to be subsidized.  However, this                                                               
at least takes it out of  the "general fund picture."  He thanked                                                               
the sponsors for  their efforts, and said he hopes  it works well                                                               
for communities.                                                                                                                
                                                                                                                                
SENATOR TAYLOR  explained that  in the long  run, if  [the state]                                                               
doesn't  endow PCE  and  give some  incentives,  which this  will                                                               
provide,  it will  still be  subsidizing  and endowing  25 or  30                                                               
years from now.  He concluded:                                                                                                  
                                                                                                                                
     I really  believe this is  the greatest  opportunity we                                                                    
     have,  as a  state, to  develop the  interties that  we                                                                    
     need.   We've  got federal  funding now  available, for                                                                    
     $420 million in interties in  Southeast alone.  Some of                                                                    
     those will go to communities  like Craig, Kake, and ...                                                                    
     Angoon,  that are  some  of the  biggest  users of  PCE                                                                    
     power  right now.   The  minute we  get an  intertie to                                                                    
     them, they're no longer on  that system, and they're at                                                                    
     a much reduced rate.                                                                                                       
                                                                                                                                
     And  the same  thing needs  to happen  up North,  every                                                                    
     place we  can either  extend an intertie  or get  a gas                                                                    
     well going or a coal-fired  generator going - those are                                                                    
     the  things that  we  need  to do.    But without  this                                                                    
     money, I don't  think that would occur. ...  I think in                                                                    
     the long run  it really works to the benefit  of all of                                                                    
     us.                                                                                                                        
                                                                                                                                
Number 1016                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOHRING  made a motion  to move CSSB  84(FIN) from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).  There  being no objection, CSSB 84(FIN)  was moved from                                                               
the House Rules Standing Committee.                                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 1042                                                                                                                     
                                                                                                                                
There being no further business before the committee, the  House                                                                
Rules Standing Committee meeting was adjourned at 1:40 p.m.                                                                     
                                                                                                                                

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