Legislature(2001 - 2002)

05/13/2002 09:10 AM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
                 HOUSE RULES STANDING COMMITTEE                                                                               
                          May 13, 2002                                                                                          
                           9:10 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Pete Kott, Chair                                                                                                 
Representative Brian Porter                                                                                                     
Representative Vic Kohring                                                                                                      
Representative Carl Morgan                                                                                                      
Representative Lesil McGuire                                                                                                    
Representative Ethan Berkowitz                                                                                                  
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 519                                                                                                              
"An  Act authorizing  priority treatment  under the  Right-of-Way                                                               
Leasing  Act  for an  Alaska  North  Slope natural  gas  project;                                                               
expanding the  scope for  the kinds  of gas  development projects                                                               
that may become qualified projects  under the Alaska Stranded Gas                                                               
Development   Act;   extending   the  deadline   for   submitting                                                               
applications  under  the  Alaska Stranded  Gas  Development  Act;                                                               
exempting an  Alaska North Slope  natural gas project  from state                                                               
property  tax and  all municipal  taxes during  construction; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
CS FOR SENATE BILL NO. 371(RES) am                                                                                              
"An Act  exempting the use of  munitions in certain areas  from a                                                               
waste   disposal  permit   requirement  of   the  Department   of                                                               
Environmental  Conservation; relating  to  general or  nationwide                                                               
permits  under  the  Alaska coastal  management  program  and  to                                                               
authorizations  and permits  issued  by the  Alaska  Oil and  Gas                                                               
Conservation Commission; and providing for an effective date."                                                                  
                                                                                                                                
     - MOVED CSSB 371(RES) am OUT OF COMMITTEE                                                                                  
                                                                                                                                
CS FOR SENATE BILL NO. 363(STA) am                                                                                              
"An Act  relating to communications  and elections,  to reporting                                                               
of contributions and expenditures,  and to campaign misconduct in                                                               
the second degree; relating to disclosure by individuals of                                                                     
contributions to candidates; and providing for an effective                                                                     
date."                                                                                                                          
                                                                                                                                
     - MOVED HCS CSSB 363(RLS) OUT OF COMMITTEE                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 324(L&C)                                                                                                 
"An Act  providing that  a utility  or electric  operating entity                                                               
owned  and  operated by  a  political  subdivision of  the  state                                                               
competing  directly  with  a telecommunications  utility  is  not                                                               
subject to the Alaska Public Utilities Regulatory Act."                                                                         
                                                                                                                                
     - MOVED CSSB 324(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 519                                                                                                                  
SHORT TITLE:NATURAL GAS PIPELINE: SPECIAL PROVISIONS                                                                            
SPONSOR(S): RLS                                                                                                                 
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
04/16/02     2952       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/16/02     2952       (H)        O&G, RES, FIN                                                                                
04/19/02                (H)        O&G AT 8:00 AM CAPITOL 124                                                                   
04/19/02                (H)        Moved CSHB 519(O&G) Out of                                                                   
                                   Committee                                                                                    
04/19/02                (H)        MINUTE(O&G)                                                                                  
04/22/02                (H)        RES AT 1:45 PM CAPITOL 124                                                                   
04/22/02                (H)        Moved CSHB 519(RES) Out of                                                                   
                                   Committee -- Time Change --                                                                  
04/22/02                (H)        MINUTE(RES)                                                                                  
04/22/02     3064       (H)        O&G RPT CS(O&G) NT 4DP                                                                       
04/22/02     3064       (H)        DP: CHENAULT, DYSON, KOHRING,                                                                
                                   FATE                                                                                         
04/22/02     3065       (H)        FN1: (DNR)                                                                                   
04/22/02     3065       (H)        FN2: (REV)                                                                                   
04/24/02                (H)        FIN AT 1:30 PM HOUSE FINANCE                                                                 
                                   519                                                                                          
04/24/02                (H)        Heard & Held                                                                                 
04/24/02                (H)        MINUTE(FIN)                                                                                  
04/24/02     3108       (H)        RES RPT CS(RES) NT 5DP 1DNP                                                                  
                                   3AM                                                                                          
04/24/02     3108       (H)        DP: STEVENS, MCGUIRE, FATE,                                                                  
                                   CHENAULT,                                                                                    
04/24/02     3108       (H)        MASEK; DNP: KERTTULA; AM:                                                                    
                                   GREEN,                                                                                       
04/24/02     3108       (H)        KAPSNER, SCALZI                                                                              
04/24/02     3109       (H)        FN1: (DNR)                                                                                   
04/24/02     3109       (H)        FN2: (REV)                                                                                   
04/25/02                (H)        FIN AT 1:30 PM HOUSE FINANCE                                                                 
                                   519                                                                                          
04/25/02                (H)        Heard & Held -- Recessed to                                                                  
                                   Friday 4/26 @ 9:00 AM --                                                                     
                                   MINUTE(FIN)                                                                                  
04/26/02                (H)        FIN AT 9:00 AM HOUSE FINANCE                                                                 
                                   519                                                                                          
04/26/02                (H)        Heard & Held                                                                                 
                                   MINUTE(FIN)                                                                                  
04/29/02                (H)        RLS AT 9:00 AM BUTROVICH 205                                                                 
04/29/02                (H)        Scheduled But Not Heard --                                                                   
                                   Recessed --                                                                                  
04/29/02                (H)        FIN AT 1:30 PM HOUSE FINANCE                                                                 
                                   519                                                                                          
04/29/02                (H)        Moved CSHB 519(FIN) Out of                                                                   
                                   Committee                                                                                    
04/29/02                (H)        MINUTE(FIN)                                                                                  
04/30/02     3234       (H)        FIN RPT CS(FIN) NT 4DP 2AM                                                                   
04/30/02     3234       (H)        DP: BUNDE, FOSTER, MULDER,                                                                   
                                   WILLIAMS;                                                                                    
04/30/02     3234       (H)        AM: WHITAKER, HARRIS                                                                         
04/30/02     3235       (H)        FN(S): FORTHCOMING                                                                           
04/30/02     3235       (H)        FN3: (REV)                                                                                   
04/30/02                (H)        RLS AT 5:00 PM BUTROVICH 205                                                                 
04/30/02                (H)        Scheduled But Not Heard --                                                                   
                                   Meeting Postponed to 5/1/02 -                                                                
05/01/02     3265       (H)        FN4: (CED) RECEIVED FROM FIN                                                                 
05/01/02     3265       (H)        FN5: (DNR) RECEIVED FROM FIN                                                                 
05/01/02                (H)        RLS AT 5:00 PM BUTROVICH 205                                                                 
05/01/02                (H)        -- Meeting Canceled --                                                                       
05/02/02                (H)        RLS AT 9:00 AM BUTROVICH 205                                                                 
05/02/02                (H)        Scheduled But Not Heard --                                                                   
                                   Recessed to a call of the                                                                    
                                   Chair --                                                                                     
05/03/02                (H)        RLS AT 2:00 PM BUTROVICH 205                                                                 
05/03/02                (H)        -- Meeting Canceled --                                                                       
05/04/02                (H)        RLS AT 2:00 PM BUTROVICH 205                                                                 
05/04/02                (H)        Moved CSHB 519(RLS) Out of                                                                   
                                   Committee                                                                                    
05/04/02                (H)        MINUTE(RLS)                                                                                  
05/06/02     3399       (H)        RETURNED TO RLS COMMITTEE                                                                    
05/06/02     3388       (H)        RLS RPT CS(RLS) NT 3DP 1NR                                                                   
05/06/02     3388       (H)        DP: KOHRING, PORTER, KOTT;                                                                   
                                   NR: MCGUIRE                                                                                  
05/06/02     3389       (H)        FN3: (REV)                                                                                   
05/06/02     3389       (H)        FN4: (CED)                                                                                   
05/06/02     3389       (H)        FN5: (DNR)                                                                                   
05/06/02     3389       (H)        FN6: (LWF)                                                                                   
05/06/02     3399       (H)        RULES TO CALENDAR 5/6/02                                                                     
05/07/02                (H)        RLS AT 9:00 AM BUTROVICH 205                                                                 
05/07/02                (H)        -- Meeting Canceled --                                                                       
05/07/02     3423       (H)        RULES TO CALENDAR 5/7/02                                                                     
05/07/02     3423       (H)        RETURNED TO RLS COMMITTEE                                                                    
05/10/02     3489       (H)        RULES TO CALENDAR 5/10/02                                                                    
05/10/02     3489       (H)        MOVED TO BOTTOM OF CALENDAR                                                                  
05/10/02     3498       (H)        IN RULES COMMITTEE                                                                           
05/11/02     3521       (H)        RULES TO CALENDAR 5/11/02                                                                    
05/11/02     3521       (H)        MOVED TO BOTTOM OF CALENDAR                                                                  
05/11/02     3554       (H)        IN RULES                                                                                     
05/13/02                (H)        RLS AT 9:00 AM BUTROVICH 205                                                                 
                                                                                                                                
BILL: SB 371                                                                                                                  
SHORT TITLE:WASTE PERMIT & COASTAL ZONE EXEMPTIONS                                                                              
SPONSOR(S): STATE AFFAIRS                                                                                                       
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
04/29/02     3024       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/29/02     3024       (S)        RES                                                                                          
05/03/02                (H)        RES AT 1:00 PM CAPITOL 124                                                                   
05/03/02                (H)        <Pending Referral>                                                                           
05/03/02                (S)        RES AT 3:30 PM BUTROVICH 205                                                                 
05/03/02                (S)        Moved CSSB 371(RES) Out of                                                                   
                                   Committee                                                                                    
05/03/02                (S)        MINUTE(RES)                                                                                  
05/03/02                (S)        MINUTE(RES)                                                                                  
05/06/02     3175       (S)        RES RPT CS 4DP 2DNP SAME                                                                     
                                   TITLE                                                                                        
05/06/02     3175       (S)        DP: TORGERSON, STEVENS,                                                                      
                                   WILKEN, TAYLOR;                                                                              
05/06/02     3175       (S)        DNP: ELTON, LINCOLN                                                                          
05/06/02     3175       (S)        FN1: ZERO(DEC)                                                                               
05/08/02                (S)        RLS AT 9:30 AM FAHRENKAMP 203                                                                
05/08/02                (S)        MINUTE(RLS)                                                                                  
05/08/02                (S)        MINUTE(RLS)                                                                                  
05/09/02     3260       (S)        RULES TO CALENDAR 2OR 5/9/02                                                                 
05/09/02     3269       (S)        READ THE SECOND TIME                                                                         
05/09/02     3269       (S)        RES CS ADOPTED UNAN CONSENT                                                                  
05/09/02     3269       (S)        ADVANCED TO 3RD READING FLD                                                                  
                                   Y13 N6 A1                                                                                    
05/09/02     3270       (S)        ADVANCED TO THIRD READING                                                                    
                                   5/10 CALENDAR                                                                                
05/10/02     3315       (S)        PASSED Y15 N3 A2                                                                             
05/10/02     3315       (S)        EFFECTIVE DATE(S) SAME AS                                                                    
                                   PASSAGE                                                                                      
05/10/02     3315       (S)        ELLIS NOTICE OF                                                                              
                                   RECONSIDERATION                                                                              
05/10/02     3313       (S)        READ THE THIRD TIME CSSB                                                                     
                                   371(RES)                                                                                     
05/10/02     3313       (S)        RETURN TO SECOND FOR AM 1                                                                    
                                   UNAN CONSENT                                                                                 
05/10/02     3314       (S)        AM NO 1 ADOPTED Y16 N2 A2                                                                    
05/10/02     3314       (S)        ...CHANGES TITLE OF                                                                          
                                   LEGISLATION                                                                                  
05/10/02     3314       (S)        AUTOMATICALLY IN THIRD                                                                       
                                   READING                                                                                      
05/11/02     3532       (H)        HELD ON CLERK'S DESK                                                                         
05/11/02     3531       (H)        READ THE FIRST TIME                                                                          
05/11/02                (H)        RLS AT 9:30 AM BUTROVICH 205                                                                 
05/11/02                (H)        <Pending Referral> --                                                                        
                                   Recessed to a call of the                                                                    
                                   Chair --                                                                                     
05/11/02     3349       (S)        RECON TAKEN UP - IN THIRD                                                                    
                                   READING                                                                                      
05/11/02     3350       (S)        PASSED ON RECONSIDERATION Y16                                                                
                                   N4                                                                                           
05/11/02     3350       (S)        EFFECTIVE DATE(S) SAME AS                                                                    
                                   PASSAGE                                                                                      
05/11/02     3387       (S)        TRANSMITTED TO (H)                                                                           
05/11/02     3387       (S)        VERSION: CSSB 371(RES) AM                                                                    
05/12/02     3566       (H)        REREAD THE FIRST TIME -                                                                      
                                   REFERRALS                                                                                    
05/12/02     3566       (H)        RLS                                                                                          
05/12/02     3583       (H)        RULES TO CALENDAR 5/12/02                                                                    
05/12/02     3583       (H)        IN RULES COMMITTEE                                                                           
05/12/02                (H)        RLS AT 4:00 PM BUTROVICH 205                                                                 
05/12/02                (H)        Heard & Held -- Recessed to                                                                  
                                   9:00 am Mon. 5/13 --                                                                         
                                   MINUTE(RLS)                                                                                  
05/13/02                (H)        RLS AT 9:00 AM BUTROVICH 205                                                                 
                                                                                                                                
BILL: SB 363                                                                                                                  
SHORT TITLE:CAMPAIGN FINANCE PROVISIONS                                                                                         
SPONSOR(S): RLS                                                                                                                 
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
04/18/02     2840       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/18/02     2840       (S)        STA                                                                                          
04/23/02                (S)        STA AT 3:30 PM BELTZ 211                                                                     
04/23/02                (S)        Heard & Held                                                                                 
04/23/02                (S)        MINUTE(STA)                                                                                  
05/04/02                (S)        STA AT 1:30 PM BELTZ 211                                                                     
05/04/02                (S)        Moved CS(STA) Out of                                                                         
                                   Committee -- Time Change --                                                                  
05/04/02                (S)        MINUTE(STA)                                                                                  
05/06/02     3175       (S)        STA RPT CS 4DP NEW TITLE                                                                     
05/06/02     3175       (S)        DP: THERRIAULT, PHILLIPS,                                                                    
                                   STEVENS,                                                                                     
05/06/02     3175       (S)        DAVIS                                                                                        
05/06/02     3175       (S)        FN1: (ADM)                                                                                   
05/06/02     3175       (S)        FN2: ZERO(GOV)                                                                               
05/06/02     3175       (S)        FIN REFERRAL ADDED AFTER STA                                                                 
05/07/02                (S)        FIN AT 9:30 AM SENATE FINANCE                                                                
                                   532                                                                                          
05/07/02                (S)        Moved Out of Committee --                                                                    
                                   Time Change --                                                                               
05/07/02                (S)        MINUTE(FIN)                                                                                  
05/07/02                (S)        RLS AT 11:45 AM FAHRENKAMP                                                                   
                                   203                                                                                          
05/07/02                (S)        MINUTE(RLS)                                                                                  
05/07/02     3198       (S)        FIN RPT CS(STA) 5DP 1NR                                                                      
05/07/02     3198       (S)        DP: DONLEY, KELLY, GREEN,                                                                    
                                   WILKEN,                                                                                      
05/07/02     3198       (S)        LEMAN; NR: AUSTERMAN                                                                         
05/07/02     3199       (S)        FN2: ZERO(GOV)                                                                               
05/07/02     3198       (S)        FN3: (ADM)                                                                                   
05/07/02     3203       (S)        STA CS ADOPTED UNAN CONSENT                                                                  
05/07/02     3203       (S)        ADVANCED TO 3RD READING FLD                                                                  
                                   Y14 N5 E1                                                                                    
05/07/02     3203       (S)        ADVANCED TO THIRD READING 5/8                                                                
                                   CALENDAR                                                                                     
05/07/02     3202       (S)        RULES TO CALENDAR 5/7/02                                                                     
05/07/02     3202       (S)        READ THE SECOND TIME                                                                         
05/08/02     3237       (S)        READ THE THIRD TIME CSSB                                                                     
                                   363(STA)                                                                                     
05/08/02     3237       (S)        RETURN TO SECOND FOR AM 1                                                                    
                                   UNAN CONSENT                                                                                 
05/08/02     3238       (S)        AM NO 1 ADOPTED UNAN CONSENT                                                                 
05/08/02     3238       (S)        AUTOMATICALLY IN THIRD                                                                       
                                   READING                                                                                      
05/08/02     3238       (S)        PASSED Y19 N- E1                                                                             
05/08/02     3238       (S)        EFFECTIVE DATE(S) SAME AS                                                                    
                                   PASSAGE                                                                                      
05/08/02     3244       (S)        TRANSMITTED TO (H)                                                                           
05/08/02     3244       (S)        VERSION: CSSB 363(STA) AM                                                                    
05/09/02     3460       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
05/09/02     3460       (H)        JUD                                                                                          
05/10/02                (H)        JUD AT 1:00 PM CAPITOL 120                                                                   
05/10/02                (H)        Moved HCS CSSB 363(JUD) Out                                                                  
                                   of Committee --Teleconference                                                                
                                   on above invite only--                                                                       
                                   MINUTE(JUD)                                                                                  
05/11/02     3516       (H)        JUD RPT HCS(JUD) 2DP 4NR                                                                     
05/11/02     3516       (H)        DP: MEYER, JAMES; NR:                                                                        
                                   BERKOWITZ,                                                                                   
05/11/02     3516       (H)        COGHILL, KOOKESH, ROKEBERG                                                                   
05/11/02     3517       (H)        FN2: ZERO(GOV)                                                                               
05/11/02     3517       (H)        FN4: ZERO(H.JUD/ADM)                                                                         
05/13/02                (H)        RLS AT 9:00 AM BUTROVICH 205                                                                 
                                                                                                                                
BILL: SB 324                                                                                                                  
SHORT TITLE:MUNICIPAL PUB.UTIL.COMPETING W/TELECOM                                                                              
SPONSOR(S): SENATOR(S) TAYLOR                                                                                                   
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/19/02     2237       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/19/02     2237       (S)        L&C, JUD                                                                                     
03/05/02                (S)        L&C AT 1:30 PM BELTZ 211                                                                     
03/05/02                (S)        Moved CS(L&C) Out of                                                                         
                                   Committee                                                                                    
03/05/02                (S)        MINUTE(L&C)                                                                                  
03/06/02     2385       (S)        L&C RPT CS 4NR SAME TITLE                                                                    
03/06/02     2385       (S)        NR: STEVENS, TORGERSON,                                                                      
                                   LEMAN, DAVIS                                                                                 
03/06/02     2385       (S)        FN1: ZERO(CED)                                                                               
03/15/02                (S)        JUD AT 1:30 PM BELTZ 211                                                                     
03/15/02                (S)        -- Meeting Canceled --                                                                       
03/20/02                (S)        JUD AT 1:30 PM BELTZ 211                                                                     
03/20/02                (S)        Heard & Held                                                                                 
03/20/02                (S)        MINUTE(JUD)                                                                                  
03/25/02                (S)        JUD AT 1:30 PM BELTZ 211                                                                     
03/25/02                (S)        Moved Out of Committee                                                                       
03/25/02                (S)        MINUTE(JUD)                                                                                  
03/27/02     2535       (S)        JUD RPT 2DP 2NR                                                                              
03/27/02     2535       (S)        DP: TAYLOR, COWDERY;                                                                         
03/27/02     2535       (S)        NR: DONLEY, THERRIAULT                                                                       
03/27/02     2535       (S)        FN1: ZERO(CED)                                                                               
04/10/02                (S)        RLS AT 10:30 AM FAHRENKAMP                                                                   
                                   203                                                                                          
04/10/02                (S)        MINUTE(RLS)                                                                                  
04/29/02     3025       (S)        READ THE SECOND TIME                                                                         
04/29/02     3025       (S)        L&C CS ADOPTED UNAN CONSENT                                                                  
04/29/02     3025       (S)        ADVANCED TO THIRD READING                                                                    
                                   4/30 CALENDAR                                                                                
04/29/02     3022       (S)        RULES TO CALENDAR 4/29/02                                                                    
04/30/02     3050       (S)        READ THE THIRD TIME CSSB                                                                     
                                   324(L&C)                                                                                     
04/30/02     3050       (S)        RETURNED TO RLS COMMITTEE                                                                    
05/11/02     3385       (S)        BEFORE THE SENATE IN THIRD                                                                   
                                   READING                                                                                      
05/11/02     3385       (S)        PASSED Y17 N1 A2                                                                             
05/11/02     3386       (S)        LINCOLN NOTICE OF                                                                            
                                   RECONSIDERATION                                                                              
05/11/02     3385       (S)        RULES TO 1ST SUP CALENDAR                                                                    
                                   5/11/02                                                                                      
05/12/02     3394       (S)        RECON TAKEN UP - IN THIRD                                                                    
                                   READING                                                                                      
05/12/02     3394       (S)        PASSED ON RECONSIDERATION Y18                                                                
                                   N1 A1                                                                                        
05/12/02     3601       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
05/12/02     3601       (H)        RLS                                                                                          
05/12/02     3412       (S)        TRANSMITTED TO (H)                                                                           
05/12/02     3412       (S)        VERSION: CSSB 324(L&C)                                                                       
05/13/02     3620       (H)        RLS RPT 3DP 4NR                                                                              
05/13/02     3620       (H)        DP: PORTER, KOHRING, KOTT;                                                                   
                                   NR: JOULE,                                                                                   
05/13/02     3620       (H)        MORGAN, MCGUIRE, BERKOWITZ                                                                   
05/13/02     3620       (H)        FN1: ZERO(CED)                                                                               
05/13/02     3646       (H)        RULES TO CALENDAR 5/13/02                                                                    
05/13/02     3646       (H)        READ THE SECOND TIME                                                                         
05/13/02     3647       (H)        ADVANCED TO THIRD READING                                                                    
                                   5/14 CALENDAR                                                                                
05/13/02                (H)        RLS AT 9:00 AM BUTROVICH 205                                                                 
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR GENE THERRIAULT                                                                                                         
Alaska State Legislature                                                                                                        
Capitol Building, Room 121                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified as the sponsor of CSSB 371(RES)                                                                  
am and CSSB 363(STA) am.                                                                                                        
                                                                                                                                
JIM EASON, Lobbyist                                                                                                             
Forest Oil Corporation                                                                                                          
8611 Leeper Circle                                                                                                              
Anchorage, Alaska 99504                                                                                                         
POSITION STATEMENT:  Urged passage of [CSSB 371(RES) am] without                                                                
the amendments.                                                                                                                 
                                                                                                                                
PAT GALVIN, Director                                                                                                            
Division of Governmental Coordination                                                                                           
Office of the Governor                                                                                                          
PO Box 110030                                                                                                                   
Juneau, Alaska 9981-0030                                                                                                        
POSITION STATEMENT:  Mentioned the possibility of addressing                                                                    
this issue in the regulatory process.                                                                                           
                                                                                                                                
BOB SHAVELSON, Executive Director                                                                                               
Cook Inlet Keeper                                                                                                               
(No address provided)                                                                                                           
POSITION STATEMENT:  Expressed hope that [CSSB 371(RES) am] not                                                                 
move forward.                                                                                                                   
                                                                                                                                
JOE BALASH, Staff                                                                                                               
to Senator Gene Therriault                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building, Room 121                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Answered questions with regard to the 15:5                                                                 
form.                                                                                                                           
                                                                                                                                
BROOKE MILES, Director                                                                                                          
Alaska Public Offices Commission                                                                                                
Department of Administration                                                                                                    
2221 E Northern Lights, Room 128                                                                                                
Anchorage, Alaska 99508-4149                                                                                                    
POSITION STATEMENT:  Provided remarks with regard to the 15:5                                                                   
form.                                                                                                                           
                                                                                                                                
RANDY RUARO, Staff                                                                                                              
to Representative Bill Williams                                                                                                 
Alaska State Legislature                                                                                                        
Capitol Building, Room 515                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified on behalf of the sponsor of SB                                                                   
324.                                                                                                                            
                                                                                                                                
KARL AMYLON, General Manager                                                                                                    
Ketchikan Public Utilities                                                                                                      
(No address provided)                                                                                                           
POSITION STATEMENT:  Testified that  this legislation attempts to                                                               
preserve  a  level  playing  field   for  the  different  utility                                                               
components of Ketchikan Public Utilities.                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-15, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  PETE  KOTT  called  the  House  Rules  Standing  Committee                                                               
meeting  to order  at 9:10  a.m.   Representatives Kott,  Porter,                                                               
Kohring, Morgan,  Berkowitz, and Joule  were present at  the call                                                               
to order.   Representative McGuire arrived as the  meeting was in                                                               
progress.    Also  in   attendance  were  Representatives  Green,                                                               
Kerttula, and James.                                                                                                            
                                                                                                                                
HB 519-NATURAL GAS PIPELINE: SPECIAL PROVISIONS                                                                               
                                                                                                                                
CHAIR KOTT  announced that the  first order of business  would be                                                               
HOUSE BILL NO. 519, "An  Act authorizing priority treatment under                                                               
the Right-of-Way  Leasing Act for  an Alaska North  Slope natural                                                               
gas  project;   expanding  the  scope   for  the  kinds   of  gas                                                               
development  projects that  may become  qualified projects  under                                                               
the Alaska  Stranded Gas Development Act;  extending the deadline                                                               
for  submitting  applications  under   the  Alaska  Stranded  Gas                                                               
Development  Act; exempting  an  Alaska North  Slope natural  gas                                                               
project from  state property tax  and all municipal  taxes during                                                               
construction; and providing for an effective date."                                                                             
                                                                                                                                
Number 0032                                                                                                                     
                                                                                                                                
REPRESENTATIVE  PORTER   moved  to  adopt   Version  22-LS1651\K,                                                               
Chenoweth,  5/10/02, as  the working  document.   There being  no                                                               
objection, Version K was before the committee.                                                                                  
                                                                                                                                
CHAIR KOTT announced that HB 519 would be laid aside.                                                                           
                                                                                                                                
SB 371-WASTE PERMIT & COASTAL ZONE EXEMPTIONS                                                                                 
                                                                                                                                
CHAIR KOTT announced that the next  order of business would be CS                                                               
FOR SENATE  BILL NO. 371(RES)  am, "An  Act exempting the  use of                                                               
munitions  in   certain  areas  from  a   waste  disposal  permit                                                               
requirement  of  the  Department of  Environmental  Conservation;                                                               
relating  to  general  or nationwide  permits  under  the  Alaska                                                               
coastal  management program  and  to  authorizations and  permits                                                               
issued by  the Alaska  Oil and  Gas Conservation  Commission; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
Number 0082                                                                                                                     
                                                                                                                                
SENATOR GENE  THERRIAULT, Alaska State Legislature,  testified as                                                               
the sponsor of CSSB 371(RES) am.   He informed the committee that                                                               
there   were  discussions   between  [the   interested  parties],                                                               
however, no agreement was reached on the amendments.                                                                            
                                                                                                                                
Number 0124                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  withdrew Amendment  1 [which  was moved                                                               
at  the May  12, 2002,  hearing].   He urged  the parties  to get                                                               
together.  "It's  an unfortunate practice when  litigants wind up                                                               
in  front of  the legislature.   We're  not the  proper forum  to                                                               
resolve these disputes.   Never, in my experience, has  it led to                                                               
any kind of finality," he related.   He expressed hope that there                                                               
would be  a conclusion  that would  accommodate the  interests of                                                               
everyone.                                                                                                                       
                                                                                                                                
SENATOR THERRIAULT noted that he  has another bill that addresses                                                               
the  permitting process  and attempts  to review  it in  a global                                                               
sense.  That  legislation was introduced late in  the session and                                                               
thus  he wasn't  able to  work  with all  the different  parties.                                                               
Therefore,  he said  that  he has  contemplated  using the  Joint                                                               
Committee on  Legislative Budget  & Audit  as a  possible funding                                                               
source  to bring  an  arbiter  to work  on  permits  in a  global                                                               
fashion with the interested parties.                                                                                            
                                                                                                                                
REPRESENTATIVE   BERKOWITZ   related    his   belief   that   the                                                               
aforementioned  idea is  a  good approach.    He thanked  Senator                                                               
Therriault for allowing his staff to work on this.                                                                              
                                                                                                                                
Number 0298                                                                                                                     
                                                                                                                                
JIM EASON, Lobbyist,  Forest Oil Corporation, noted  that he meet                                                               
with Representative  Kerttula on  the pending amendments  to CSSB                                                               
371(RES) am, and later with the  counsel for the plaintiff in the                                                               
case precipitating the  Alaska Supreme Court decision  as well as                                                               
the  Cook  Inlet  Keepers  representative.    After  an  in-depth                                                               
discussion of  the amendments and  the intent of the  parties, it                                                               
was  determined   that  two  of   the  amendments   would  remove                                                               
provisions of the bill dealing  with the range exemption that has                                                               
support in  both bodies.   In Mr.  Eason's view, the  other three                                                               
amendments  would  increase  the   litigation  risk  rather  than                                                               
diminish it.   Therefore, [he felt that  the discussion] confirms                                                               
that it  is important for  this legislation  to pass in  order to                                                               
confirm  that  the  process used  by  agencies  throughout  every                                                               
administration that has administered  the coastal zone program is                                                               
the proper one.                                                                                                                 
                                                                                                                                
Number 0434                                                                                                                     
                                                                                                                                
PAT  GALVIN,  Director,  Division of  Governmental  Coordination,                                                               
Office  of  the  Governor,  noted   that  he  took  part  in  the                                                               
discussions  yesterday.   He recalled  that using  the regulatory                                                               
process to  address this issue  as well as including  the Supreme                                                               
Court's decision  seemed to satisfy  most interests.   Mr. Galvin                                                               
said, "We  believe that we  have the  support of both  parties in                                                               
this situation, with  regard to the legislation,  to address that                                                               
in the regulations and we intend to do that."                                                                                   
                                                                                                                                
Number 0529                                                                                                                     
                                                                                                                                
BOB  SHAVELSON, Executive  Director, Cook  Inlet Keeper,  related                                                               
that yesterday's  meeting was  helpful because  it was  the first                                                               
time for the  parties to come together.  Clearly,  there are some                                                               
philosophical  riffs   between  the   parties.     Mr.  Shavelson                                                               
specified, "The issue  that we have is that we're  trying to take                                                               
a  broad brush,  a sweeping  look  at the  implications of  site-                                                               
specific  impacts."   This  legislation  not  only addresses  the                                                               
general permits [related]  to discharges in Cook  Inlet but every                                                               
general  permit   that  has  been   issued  since  1995.     This                                                               
legislation  addresses  a variety  of  industries  that can  have                                                               
significant  localized effects.   Therefore,  Mr. Shavelson  said                                                               
that  [Cook  Inlet Keeper]  doesn't  believe  that a  generalized                                                               
review is sufficient  if the desire is to protect  those who rely                                                               
on  the resource.   Mr.  Shavelson related  his sense  that [Cook                                                               
Inlet  Keeper]  didn't hold  many  cards  and that  industry  was                                                               
merely going through the process to  report back that it had met.                                                               
He noted the considerable amount  of influence the lobbyists have                                                               
over  the legislature,  which is  of concern  with regard  to the                                                               
public's lack  of ability  to impact  legislation.   However, Mr.                                                               
Shavelson acknowledged that Forest  Oil Corporation has done some                                                               
good  things.   For  instance,  reinjection  of their  production                                                               
wastes  is important  and will  be held  up as  the standard  for                                                               
future production  activities in  Cook Inlet.   He turned  to the                                                               
exploratory side of the issue  and noted that [Cook Inlet Keeper]                                                               
wanted to see  zero discharges for everything in Cook  Inlet.  He                                                               
related his belief  that the technology to do so  is available as                                                               
was  illustrated when  zero discharges  were  implemented on  the                                                               
fifth well.   Again, that should be the standard  for oil and gas                                                               
development in Cook Inlet.                                                                                                      
                                                                                                                                
MR.  SHAVELSON  returned to  this  legislation  and its  sweeping                                                               
implications.    He reiterated  that  this  legislation has  been                                                               
rushed  through.   With regard  to  the exemption  for the  Eagle                                                               
River Flats  bombing range, he  viewed it  as a fishing  issue in                                                               
which toxics are  being discharged into a  rich estuarine system.                                                               
Furthermore,  he  saw the  state  as  divesting itself  from  the                                                               
obligation and duty  it has to oversee the  public resources that                                                               
are owned by everyone in the  state.  Mr. Shavelson said, "Again,                                                               
the linkage of these two things,  I think, is an unholy alliance.                                                               
I think  it's bad public policy,  ... bad process.   I would hope                                                               
that  it would  not move,  but I'm  afraid that  that is  not the                                                               
case."                                                                                                                          
                                                                                                                                
MR. SHAVELSON turned to Mr. Eason's  comment that this is the way                                                               
things have  always been done.   Continuing the status  quo would                                                               
be  fine if  this were  a static  system.   However, things  have                                                               
changed  and the  situation now  is one  in which  more and  more                                                               
general permits  are coming  out.   The court  simply interpreted                                                               
the law as  it was written.  In conclusion,  Mr. Shavelson echoed                                                               
Mr. Galvin's remarks with regard  to the regulatory process being                                                               
used to resolve this issue  without this legislation.  He pointed                                                               
out that there is a  consistency review draft regulation that has                                                               
been moving  through the  process with  a considerable  amount of                                                               
public   debate  from   industry   and  citizen   groups.     The                                                               
aforementioned  is the  proper  forum in  which  to address  this                                                               
complex issue, he said.                                                                                                         
                                                                                                                                
REPRESENTATIVE KERTTULA  related her thanks to  the committee for                                                               
the latitude it has allowed on this matter.                                                                                     
                                                                                                                                
Number 0925                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER pointed out that  a substantial part of the                                                               
justification  for  taking  this  action  was  furnished  by  Mr.                                                               
Shavelson's testimony.   That is, if this were  a sweeping change                                                               
in the  regulatory scheme, he  said he would suggest  moving with                                                               
much  contemplation   and  in-depth  analysis.     However,  this                                                               
[legislation]  allows an  accepted  procedure to  be restated  so                                                               
that  it can  continue.   If this  practice should  be revisited,                                                               
then  it  should be  done  with  the necessary  contemplation  to                                                               
access  the ramifications  of  any changes  to  all the  resource                                                               
development projects in the state.                                                                                              
                                                                                                                                
Number 1004                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER  moved to  report CSSB  371(RES) am  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.   There being no  objection, CSSB  371(RES) am                                                               
was reported from the House Rules Standing Committee.                                                                           
                                                                                                                                
SB 363-CAMPAIGN FINANCE PROVISIONS                                                                                            
                                                                                                                                
CHAIR KOTT announced that the next  order of business would be CS                                                               
FOR  SENATE   BILL  NO.   363(STA)  am,   "An  Act   relating  to                                                               
communications and  elections, to reporting of  contributions and                                                               
expenditures, and  to campaign misconduct  in the  second degree;                                                               
relating  to  disclosure  by   individuals  of  contributions  to                                                               
candidates; and providing for an effective date."                                                                               
                                                                                                                                
Number 1073                                                                                                                     
                                                                                                                                
REPRESENTATIVE   PORTER  moved   to  adopt   22-LS1713\B,  Kurtz,                                                               
5/12/02,  as the  working document.   There  being no  objection,                                                               
Version B was before the committee.                                                                                             
                                                                                                                                
SENATOR GENE  THERRIAULT, Alaska State Legislature,  testified as                                                               
the sponsor  of SB 363.   He pointed out the  changes encompassed                                                               
in  Version  B as  follows.    On  page  4, line  29,  "automatic                                                               
telemarketer" was  deleted because of concern  that parties using                                                               
automatic dialers  to call people to  urge them to vote  could be                                                               
construed as part  of party activity.  On page  5, lines 7-8, the                                                               
window for electioneering communications  was reduced to "30 days                                                               
preceding a general or municipal election".  On page 5, lines 9-                                                                
10, the  definition of "express  communication" was  tightened in                                                               
order  to reflect  the traditional  interpretation of  Buckley v.                                                             
Valeo.    The  Buckley  [case]  requires  that  communication  be                                                           
clearly advocated  for the election  or defeat of  the candidates                                                               
with the specific words "vote for" or "vote against" being used.                                                                
                                                                                                                                
SENATOR  THERRIAULT pointed  out that  the majority  of the  bill                                                               
deals  with  eliminating  the  "15:5  form."    As  the  campaign                                                               
financing laws have  been modified over the last  couple of years                                                               
such that the  individual maximum contribution is  $500, then the                                                               
15:5 form  doesn't have  to be  filed until  the $500  maximum is                                                               
reached.     After  talking  with   the  Alaska   Public  Offices                                                               
Commission  (APOC), he  understood that  the 15:5  form had  been                                                               
regulated such  that it  was meaningless  paperwork.   He pointed                                                               
out that language  was included such that the 15:5  form would be                                                               
required on  ballot propositions  otherwise the  first indication                                                               
as to where  the money for a ballot  proposition originated would                                                               
be 30  days before the  election.  The APOC  is happy to  do away                                                               
with the 15:5 form.                                                                                                             
                                                                                                                                
Number 1312                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ related  his  understanding that  under                                                               
the old  reporting rules,  reports go  out for  contributions and                                                               
expenditures  to   candidates  or  groups.     However,  the  new                                                               
reporting rules don't  seem to be as stringent.   He asked if the                                                               
new  reporting  rules  require  disclosure  of  contributions  to                                                               
anything other than a group  organized with the principle purpose                                                               
of influencing the outcome of a proposition.                                                                                    
                                                                                                                                
Number 1366                                                                                                                     
                                                                                                                                
JOE  BALASH,  Staff  to Senator  Gene  Therriault,  Alaska  State                                                               
Legislature,  explained  that  the  [remaining  portions  of]  AS                                                               
15.13.040  maintains  the  reporting  requirements  for  parties,                                                               
groups,  and candidates.   In  the  30-, 10-,  and 7-day  reports                                                               
before  elections, all  parties, groups,  and candidates  will be                                                               
required  to disclose  the  origin  of the  money  received.   In                                                               
further   response  to   Representative  Berkowitz,   Mr.  Balash                                                               
confirmed that [a candidate's]  expenditures and groups organized                                                               
with  the  principle purpose  of  influencing  the outcome  of  a                                                               
proposition  are   covered  by  the   aforementioned  [reporting]                                                               
requirements.                                                                                                                   
                                                                                                                                
Number 1429                                                                                                                     
                                                                                                                                
BROOKE  MILES,   Director,  Alaska  Public   Offices  Commission,                                                               
Department  of Administration,  informed the  committee that  the                                                               
15:5 form required  for contributors has been a  component of the                                                               
campaign   disclosure   law   since  its   inception   in   1974.                                                               
Originally, those giving  more than $250 to a  candidate or group                                                               
were  required  to  file  form  15:5.    Changes  connected  with                                                               
campaign  finance reform  required that  contributors would  only                                                               
file [the  15:5 form] upon  giving $500  and the time  period was                                                               
expanded to  allow the filing to  occur [within] 30 days  [of the                                                               
contribution].     Then  legislation  enacted  early   this  year                                                               
required  that  [the  15:5  form]  would also  be  filed  by  the                                                               
candidate.   Ms. Miles  said that  the 15:5 form  is no  longer a                                                               
useful audit  tool.   Furthermore, it is  more paperwork  for the                                                               
candidate who is already files  30-day and 7-day reports for each                                                               
contributor that gives more than $100.   When the change was made                                                               
that allowed the candidate to  file on behalf of the contributor,                                                               
APOC discussed  that since  1997 there has  been a  moratorium on                                                               
accessing  civil penalties  for  a 15:5  form  that was  admitted                                                               
after the  due date.   The commission  informed staff  that after                                                               
the effective  date of  the legislation,  April 16th,  APOC would                                                               
access  civil  penalties.    That   change  was  of  concern  for                                                               
candidates.                                                                                                                     
                                                                                                                                
Number 1570                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ referred  to  Section 1  of Version  B,                                                               
which addresses  AS 15.13.040(d).   He related  his understanding                                                               
that reporting  contributions to  candidates are included  in the                                                               
current statute, but  aren't included in the  bill.  Furthermore,                                                               
Section 3 seems  to say that expenditures for  billboard signs or                                                               
printed materials aren't required to be reported.                                                                               
                                                                                                                                
MS. MILES explained that Section 3  is the result of the McIntyre                                                             
(ph) case  in the U.S. Supreme  Court.  This requires  that those                                                               
spending less  than $250 to  print something wouldn't  be subject                                                               
to the law when related to a ballot proposition.                                                                                
                                                                                                                                
REPRESENTATIVE BERKOWITZ noted that  the McIntyre (ph) case isn't                                                             
part  of the  backup  in the  committee  packet.   Representative                                                               
Berkowitz related  his understanding that the  U.S. Supreme Court                                                               
says  that one  can have  unlimited expenditures  for billboards,                                                               
signs,  or  printed  materials concerning  a  ballot  proposition                                                               
without reporting it.                                                                                                           
                                                                                                                                
MS.  MILES   said,  "Without  being   subject  to   the  campaign                                                               
disclosure law,  that's correct."   The only change  from current                                                               
law is the change in the citation from (d)(2) to (d).                                                                           
                                                                                                                                
MR.  BALASH clarified  that the  billboards,  signs, and  printed                                                               
materials are part two of the test  while part one of the test is                                                               
the restriction of not exceeding  a cumulative total of more than                                                               
$250 during the calendar year.                                                                                                  
                                                                                                                                
REPRESENTATIVE BERKOWITZ returned to [Section 1] subsection (d).                                                                
                                                                                                                                
MR. BALASH specified  that the contributor is  no longer required                                                               
to file a  report, but contributions to candidates  will still be                                                               
reported by the candidates.                                                                                                     
                                                                                                                                
CHAIR KOTT,  determining there was  no further  public testimony,                                                               
closed the public testimony.                                                                                                    
                                                                                                                                
Number 1727                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  recalled   that  the  House  Judiciary                                                               
Standing  Committee   expressly  wanted  to   include  telephonic                                                               
telecommunications,  which   has  been  dropped  in   Version  B.                                                               
Therefore,   he   moved   the  following   conceptual   amendment                                                               
[Amendment  1]  that  would   restore  the  language  ["automatic                                                               
telemarketing"] on page 4, line 29, in Version 22-LS1713\P.                                                                     
                                                                                                                                
MR. BALASH recalled that in  last year's Singleton decision there                                                             
were some  inferences made  with regard to  what parties  can and                                                               
cannot  do  in  terms  of  their  expenditures.    There  is  the                                                               
implication  that party-building  activities are  off-limits from                                                               
regulation.   The automatic telemarketing  with which he  is most                                                               
familiar is  when one party  turns to its members  and encourages                                                               
them to vote  on election day.   The same could apply  to a union                                                               
communicating  to  its members.    Mr.  Balash pointed  out  that                                                               
"automatic  telemarketing"  was  in  the  middle  of  a  list  of                                                               
communications, he  didn't believe  that the  severability clause                                                               
would allow the rest of the language stand.                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  said that the  aforementioned arguments                                                               
also hold true for all the other forms of communication listed.                                                                 
                                                                                                                                
MR.  BALASH pointed  out that  automatic telemarketing  picks out                                                               
specific recipients of the message being communicated.                                                                          
                                                                                                                                
REPRESENTATIVE  BERKOWITZ interjected  that the  same is  true of                                                               
direct mail.                                                                                                                    
                                                                                                                                
MR. BALASH agreed,  and related his belief that  the term "direct                                                               
mail" wasn't used.                                                                                                              
                                                                                                                                
REPRESENTATIVE BERKOWITZ said  that automatic telemarketing seems                                                               
to fit in the list of communications.                                                                                           
                                                                                                                                
CHAIR  KOTT  restated  Amendment  1:   page  4,  line  29,  after                                                               
"Internet,"  insert "automatic  telemarketing".   There being  no                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
Number 1956                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ turned to the following amendment:                                                                     
                                                                                                                                
     Page 1, line 2:                                                                                                            
          Delete "and"                                                                                                        
     Following "degree":                                                                                                      
            Insert ", and to repayment of prohibited                                                                          
     contributions"                                                                                                           
                                                                                                                                
     Page 1, line 5, through page 6, line 11:                                                                                   
          Delete all material and insert:                                                                                       
        "* Section 1.  AS 15.13.090,  as amended by secs. 18                                                                
     and 19, ch. 1, SLA 2002, is amended to read:                                                                               
          Sec. 15.13.090.  Identification of communication                                                                    
     and  disclosure  of   source  of  funds.     (a)    All                                                                
     advertisements,    billboards,   handbills,    paid-for                                                                    
     television  and   radio  announcements,  electioneering                                                                
     communications,  and other  communications intended  to                                                                
     influence the election  of a candidate or  outcome of a                                                                    
     ballot  proposition   or  question  shall   be  clearly                                                                    
     identified by the  words "paid for by"  followed by the                                                                    
     name  and address  of  the  candidate, group,  nongroup                                                                    
     entity,  or  individual  paying for  the  communication                                                                
     [ADVERTISING].    In  addition, candidates  and  groups                                                                    
     must identify the name of their campaign chairperson.                                                                      
          (b)  The provisions of (a) of this section do not                                                                     
     apply when the communication [ADVERTISEMENT]                                                                           
               (1)  is paid for by an individual acting                                                                         
     independently  of  any  group or  nongroup  entity  and                                                                    
     independently of any other individual;                                                                                     
               (2)  is made to influence the outcome of a                                                                       
     ballot  proposition   as  that   term  is   defined  by                                                                    
     AS 15.13.065(c); and                                                                                                       
               (3)  is made for                                                                                                 
               (A)  a billboard or sign; or                                                                                     
               (B)  printed material other than an                                                                              
     advertisement made in a newspaper or other periodical.                                                                     
        * Sec. 2.   AS 15.13.090 is amended by  adding a new                                                                  
     subsection to read:                                                                                                        
          (c)  A person making a communication subject to                                                                       
     (a) of this section shall  report to the commission the                                                                    
     source  of  funds used  to  pay  for the  communication                                                                    
     according    to     the    schedule     specified    in                                                                    
     AS 15.13.110(a).   If the communication is  made within                                                                    
     nine days of  an election, the source of  funds used to                                                                    
     pay  for the  communication  shall be  reported to  the                                                                    
     commission within 24 hours after the communication.                                                                        
        *  Sec. 3.   AS 15.13  is  amended by  adding a  new                                                                  
     section to read:                                                                                                           
          Sec.   15.13.382.      Repayment   of   prohibited                                                                  
     contributions.   A person receiving a  contribution any                                                                  
     portion  of   which  was  made  in   violation  of  the                                                                    
     provisions  of  this  chapter  shall  return  the  full                                                                    
     contribution to the contributor.                                                                                           
        * Sec. 4.  AS 15.13.390(a) is amended to read:                                                                        
          (a)  A person who fails to register when required                                                                     
     by  AS 15.13.050(a) or  who fails  to  file a  properly                                                                    
     completed   and  certified   report  within   the  time                                                                    
     required by AS 15.13.040(d) -  (f), 15.13.060(b) - (d),                                                                    
     [15.13.080(c),] 15.13.110(a)(1),  (3), or (4),  (e), or                                                                    
     (f) is subject to a civil  penalty of not more than $50                                                                    
     a  day  for  each  day  the  delinquency  continues  as                                                                    
     determined  by  the  commission  subject  to  right  of                                                                    
     appeal to  the superior court.   A person who  fails to                                                                    
     file a  properly completed and certified  report within                                                                    
     the    time   required    by   AS 15.13.110(a)(2)    or                                                                    
     15.13.110(b) is subject to a  civil penalty of not more                                                                    
     than $500 a day for  each day the delinquency continues                                                                    
     as  determined by  the commission  subject to  right of                                                                    
     appeal to the superior court.   A person who violates a                                                                    
     provision   of  this   chapter,   except  a   provision                                                                    
     requiring registration  or filing of a  report within a                                                                    
     time required  as otherwise specified in  this section,                                                                    
     is subject  to a civil penalty  of not more than  $50 a                                                                    
     day for each day  the violation continues as determined                                                                    
     by the  commission, subject to  right of appeal  to the                                                                    
     superior  court.     An  affidavit  stating   facts  in                                                                    
     mitigation  may be  submitted to  the  commission by  a                                                                    
     person  against  whom  a  civil  penalty  is  assessed.                                                                    
     However, the imposition of  the penalties prescribed in                                                                    
     this section  or in AS 15.13.380  does not  excuse that                                                                    
     person from  registering or filing reports  required by                                                                    
     this chapter.                                                                                                              
        * Sec.  5.  AS 15.13.400,  as amended by ch.  1, SLA                                                                  
     2002, is amended by adding a new paragraph to read:                                                                        
               (13)  "electioneering communication" means a                                                                     
     communication that                                                                                                         
               (A)  is made within the 30 days preceding a                                                                      
     primary  election or  the 60  days preceding  a general                                                                    
     election;                                                                                                                  
               (B)  is made by way of direct mail,                                                                              
     newspaper,  Internet,  broadcast, cable,  or  satellite                                                                    
     media, telephone poll, or organized  series of calls to                                                                    
     an  audience that  includes voters  who  will have  the                                                                    
     opportunity to  vote on a candidate  clearly identified                                                                    
     in  the communication  or  on a  candidate  of a  party                                                                    
     clearly identified in the communication; and                                                                               
               (C)  when read as a whole and with limited                                                                       
     reference  to external  events,  is  susceptible of  no                                                                    
     other reasonable  interpretation but as  an exhortation                                                                    
     to  vote for  or against  a specific  candidate in  the                                                                    
     general or primary election.                                                                                               
        * Sec. 6.  AS 15.56.014(a) is amended to read:                                                                        
          (a)  A person commits the crime of campaign                                                                           
     misconduct in the second degree if the person                                                                              
               (1)  knowingly circulates or has written,                                                                        
     printed,   or  circulated   a   letter,  circular,   or                                                                
     publication relating to an election,  to a candidate at                                                                    
     an election, or to  an election proposition or question                                                                
     without the  name and address  of the  author appearing                                                                    
     on its face;                                                                                                               
               (2)  except as provided by AS 15.13.090(b),                                                                      
     knowingly   prints  or   publishes  an   advertisement,                                                                    
     billboard,   placard,    poster,   handbill,   paid-for                                                                    
     television   or   radio  announcement,   electioneering                                                                
     communication as that term  is defined in AS 15.13.400,                                                                
     or  other  communication   intended  to  influence  the                                                                    
     election  of  a  candidate  or   outcome  of  a  ballot                                                                    
     proposition  or question  without the  words "paid  for                                                                    
     by" followed by the name  and address of the candidate,                                                                    
     group,  or individual  paying  for  the advertising  or                                                                    
     communication and,  if a candidate  or group,  with the                                                                    
     name of the campaign chair;                                                                                                
               (3)  knowingly writes or prints and                                                                              
     circulates, or has written,  printed, and circulated, a                                                                
     letter,   circular,    bill,   placard,    poster,   or                                                                    
     advertisement  in   a  newspaper,   on  radio,   or  on                                                            
     television                                                                                                                 
               (A)  containing false factual information                                                                        
     relating to a candidate for an election;                                                                                   
               (B)  that the person knows to be false; and                                                                      
               (C)  that would provoke a reasonable person                                                                      
     under the  circumstances to  a breach  of the  peace or                                                                    
     that a reasonable person would  construe as damaging to                                                                    
     the   candidate's  reputation   for   honesty  or   [,]                                                                
     integrity,  or  to  the candidate's  qualifications  to                                                                
     serve if elected to office."                                                                                               
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
He explained that Section 1 in the amendment requires that all                                                                  
fund    sources   be    disclosed   and    adds   "electioneering                                                               
communications".                                                                                                                
                                                                                                                                
REPRESENTATIVE PORTER inquired as to why "electioneering                                                                        
communications" was added.                                                                                                      
                                                                                                                                
REPRESENTATIVE BERKOWITZ pointed out that it works in                                                                           
conjunction    with    the    definition    of    "electioneering                                                               
communications" in the amendment, which  is found in Section 5 of                                                               
the amendment.                                                                                                                  
                                                                                                                                
REPRESENTATIVE PORTER noted,  "But the bill changes  those 30 and                                                               
60 days to 30 days."                                                                                                            
                                                                                                                                
REPRESENTATIVE   BERKOWITZ  agreed,   but   explained  that   "it                                                               
specifies  not   the  intent  of   the  person  taking   out  the                                                               
advertisement   but  the   consequence  of   the  advertisement."                                                               
Representative  Berkowitz  pointed  out   that  the  language  in                                                               
Section 5(C) of  the amendment has been tested in  the courts and                                                               
found to  be acceptable.   The language of the  amendment doesn't                                                               
require  an   intent  component   in  order   to  find   that  an                                                               
electioneering communication has occurred,  which Version B seems                                                               
to do.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  PORTER  remarked  that  this  is  something  that                                                               
should've  been   addressed  in  the  House   Judiciary  Standing                                                               
Committee.  He related his  view that the language is restrictive                                                               
to the point that there will "nine  out of ten ways to get around                                                               
it  rather   than  one  way   to  nail  it  down."     Therefore,                                                               
Representative Porter objected.                                                                                                 
                                                                                                                                
SENATOR THERRIAULT  pointed out that the  amendment would require                                                               
a  title  change.   Senator  Therriault  related that  Version  B                                                               
narrows the  scope and takes  into consideration court  cases and                                                               
attempts to make the bill  as defensible as possible.  Therefore,                                                               
he preferred staying with Version B.                                                                                            
                                                                                                                                
REPRESENTATIVE  BERKOWITZ commented  that  he would  like to  see                                                               
some of the changes accommodated [because] time is running out.                                                                 
                                                                                                                                
REPRESENTATIVE PORTER maintained his objection to Amendment 2.                                                                  
                                                                                                                                
A roll call vote was  taken.  Representatives Berkowitz and Joule                                                               
voted for the  adoption of Amendment 2.   Representatives Porter,                                                               
Kohring, Morgan, McGuire, and Kott  voted against the adoption of                                                               
Amendment 2.  Therefore, Amendment 2 failed by a vote of 2-5.                                                                   
                                                                                                                                
Number 2195                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER moved  to report HCS CSSB  363, Version 22-                                                               
LS1713\B,  Kurtz,  5/12/02,  as  amended out  of  committee  with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  HCS CSSB  363(RLS) was  reported from                                                               
the House Rules Standing Committee.                                                                                             
                                                                                                                                
SB 324-MUNICIPAL  PUB.UTIL.COMPETING W/TELECOM                                                                                
                                                                                                                                
CHAIR KOTT  announced that the  final order of business  would be                                                               
CS  FOR  SENATE BILL  NO.  324(L&C),  "An  Act providing  that  a                                                               
utility  or electric  operating entity  owned and  operated by  a                                                               
political  subdivision of  the state  competing  directly with  a                                                               
telecommunications utility  is not subject  to the  Alaska Public                                                               
Utilities Regulatory Act."                                                                                                      
                                                                                                                                
RANDY RUARO, Staff to Representative  Bill Williams, Alaska State                                                               
Legislature,   explained  that   SB   324   continues  to   allow                                                               
municipally  operated utilities  to  continue to  be exempt  from                                                               
regulation by the Regulatory Commission  of Alaska (RCA) when the                                                               
utility  faces  competition  from a  telecommunications  utility.                                                               
Therefore, regulations  for municipally operated  utilities would                                                               
continue to  be done at  the local  level by the  citizen utility                                                               
boards  and   elected  municipal  officials.     That  system  of                                                               
regulation has  been in  Ketchikan for  at least  50 years.   Mr.                                                               
Ruaro noted  that the RCA  has submitted  a letter that  does not                                                               
oppose the  bill.  He informed  the committee that the  states of                                                               
Oregon and Washington maintain exceptions for utilities.                                                                        
                                                                                                                                
REPRESENTATIVE BERKOWITZ  asked if this legislation  applies only                                                               
to the Ketchikan utility.                                                                                                       
                                                                                                                                
MR.  RUARO  clarified  that  the  statute  is  drafted  to  apply                                                               
statewide to any utility.   In further response to Representative                                                               
Berkowitz, Mr.  Ruaro said that he  has heard that there  are two                                                               
other   municipal  utilities   that  are   operating  up   North.                                                               
Furthermore,  it's  possible  for  any  municipality  to  form  a                                                               
utility any time in the future.                                                                                                 
                                                                                                                                
REPRESENTATIVE McGUIRE asked what prompted this legislation.                                                                    
                                                                                                                                
Number 2313                                                                                                                     
                                                                                                                                
KARL  AMYLON,   General  Manager,  Ketchikan   Public  Utilities,                                                               
answered  that  this legislation  attempts  to  preserve a  level                                                               
playing  field  for  the  different  utility  components  of  the                                                               
Ketchikan  Public  Utilities.   Without  this  legislation, if  a                                                               
telecommunications  company comes  to Ketchikan,  "we potentially                                                               
risk all of our utilities  ... becoming regulated."  Furthermore,                                                               
there are  different degrees of  regulations.  He  explained that                                                               
if   a  lightly   regulated  telecommunications   company  enters                                                               
Ketchikan, Ketchikan  Public Utilities would face  becoming fully                                                               
rate regulated and the associated expenses.                                                                                     
                                                                                                                                
REPRESENTATIVE McGUIRE  inquired as to  why a utility owned  by a                                                               
political subdivision of the state  should not be regulated while                                                               
the others should.                                                                                                              
                                                                                                                                
MR.  AMYLON clarified  that the  aforementioned isn't  [Ketchikan                                                               
Public Utilities'] position.  He  specified that the desire is to                                                               
treat   competing  utilities   within  the   Ketchikan  political                                                               
subdivision equally.   In  response to  Representative Berkowitz,                                                               
Mr. Amylon related  his belief that Alaska Power  & Telephone did                                                               
make comments on this legislation,  although they aren't directly                                                               
competing with Ketchikan Public Utilities at the present time.                                                                  
                                                                                                                                
TAPE 02-15, SIDE B                                                                                                              
                                                                                                                                
CHAIR KOTT,  determining no  one else  wished to  testify, closed                                                               
the public testimony.                                                                                                           
                                                                                                                                
Number 2385                                                                                                                     
                                                                                                                                
REPRESENTATIVE  PORTER  moved  to  report CSSB  324(L&C)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.  There  being no objection, CSSB  324(L&C) was                                                               
reported from the House Rules Standing Committee.                                                                               
                                                                                                                                
The committee took a brief at-ease at 10:05 a.m.                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting  was [recessed  to the  call of  the chair]  at 10:05                                                               
a.m.  [This meeting didn't reconvene.]                                                                                          

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