04/08/2011 05:00 PM House RULES
| Audio | Topic |
|---|---|
| Start | |
| HCR12 | |
| HB121 | |
| HB146 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 121 | TELECONFERENCED | |
| + | HB 146 | TELECONFERENCED | |
| *+ | HCR 12 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
April 8, 2011
5:22 p.m.
MEMBERS PRESENT
Representative Craig Johnson, Chair
Representative Kurt Olson, Vice Chair
Representative Mike Chenault
Representative Alan Austerman
Representative Carl Gatto
Representative Max Gruenberg
Representative Chris Tuck
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE CONCURRENT RESOLUTION NO. 12
Creating the Task Force on the Fiscal Future of Alaska as a
joint legislative task force and relating to the task force.
- MOVED CSHCR 12(RLS) OUT OF COMMITTEE
HOUSE BILL NO. 121
"An Act establishing the commercial charter fisheries revolving
loan fund, the mariculture revolving loan fund, and the Alaska
microloan revolving loan fund and relating to those funds and
loans from those funds; and providing for an effective date."
- MOVED CSHB 121(RLS) OUT OF COMMITTEE
HOUSE BILL NO. 146
"An Act authorizing the transfer of land from the State of
Alaska and the Alaska Railroad Corporation to property owners
along the Eielson Spur Line; and providing for an effective
date."
- MOVED CSHB 146(RES) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HCR 12
SHORT TITLE: TASK FORCE ON FISCAL FUTURE OF ALASKA
SPONSOR(s): REPRESENTATIVE(s) AUSTERMAN
04/06/11 (H) READ THE FIRST TIME - REFERRALS
04/06/11 (H) RLS
04/08/11 (H) RLS AT 5:00 PM CAPITOL 120
BILL: HB 121
SHORT TITLE: LOAN FUNDS:CHARTERS/MARICULTURE/MICROLOAN
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/24/11 (H) READ THE FIRST TIME - REFERRALS
01/24/11 (H) FSH, RES, FIN
02/08/11 (H) FSH AT 5:00 PM CAPITOL 120
02/08/11 (H) Heard & Held
02/08/11 (H) MINUTE(FSH)
02/22/11 (H) FSH AT 5:00 PM CAPITOL 120
02/22/11 (H) Heard & Held
02/22/11 (H) MINUTE(FSH)
02/24/11 (H) FSH AT 5:00 PM CAPITOL 120
02/24/11 (H) Moved CSHB 121(FSH) Out of Committee
02/24/11 (H) MINUTE(FSH)
02/25/11 (H) FSH RPT CS(FSH) NT 4DP 1NR
02/25/11 (H) DP: MILLER, PRUITT, AUSTERMAN, THOMPSON
02/25/11 (H) NR: JOHNSON
03/16/11 (H) RES AT 1:00 PM BARNES 124
03/16/11 (H) Moved CSHB 121(FSH) Out of Committee
03/16/11 (H) MINUTE(RES)
03/18/11 (H) RES RPT CS(FSH) NT 7DP
03/18/11 (H) DP: GARDNER, MUNOZ, P.WILSON, HERRON,
KAWASAKI, FEIGE, SEATON
03/30/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/30/11 (H) Scheduled But Not Heard
04/04/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/04/11 (H) Moved CSHB 121(FIN) Out of Committee
04/04/11 (H) MINUTE(FIN)
04/05/11 (H) FIN RPT CS(FIN) 6DP 3NR 1AM
04/05/11 (H) DP: FAIRCLOUGH, GUTTENBERG, JOULE,
COSTELLO, STOLTZE, THOMAS
04/05/11 (H) NR: T.WILSON, HAWKER, DOOGAN
04/05/11 (H) AM: GARA
04/08/11 (H) RLS AT 5:00 PM CAPITOL 120
BILL: HB 146
SHORT TITLE: LAND TRANSFER FROM STATE AND ALASKA RR
SPONSOR(s): T.WILSON
02/09/11 (H) READ THE FIRST TIME - REFERRALS
02/09/11 (H) RES, FIN
03/21/11 (H) RES AT 1:00 PM BARNES 124
03/21/11 (H) Heard & Held
03/21/11 (H) MINUTE(RES)
03/28/11 (H) RES AT 1:00 PM BARNES 124
03/28/11 (H) Moved CSHB 146(RES) Out of Committee
03/28/11 (H) MINUTE(RES)
03/29/11 (H) RES RPT CS(RES) 8DP
03/29/11 (H) DP: GARDNER, FOSTER, MUNOZ, P.WILSON,
HERRON, DICK, FEIGE, SEATON
04/06/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/06/11 (H) Moved CSHB 146(FIN) Out of Committee
04/06/11 (H) MINUTE(FIN)
04/07/11 (H) FIN RPT CS(FIN) NT 10DP 1AM
04/07/11 (H) DP: FAIRCLOUGH, GUTTENBERG, GARA,
JOULE, HAWKER, COSTELLO, EDGMON,
DOOGAN,
04/07/11 (H) STOLTZE, THOMAS
04/07/11 (H) AM: T.WILSON
04/08/11 (H) RLS AT 5:00 PM CAPITOL 120
WITNESS REGISTER
ERIN HARRINGTON, Staff
Representative Austerman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of the sponsor, explained the
need to amend HCR 12.
CURTIS THAYER, Deputy Commissioner
Office of the Commissioner
Department of Commerce, Community & Economic Development (DCCED)
Juneau, Alaska
POSITION STATEMENT: Discussed possible changes to HB 121.
REPRESENTATIVE TAMMIE WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of HB 146.
ACTION NARRATIVE
5:22:39 PM
CHAIR CRAIG JOHNSON called the House Rules Standing Committee
meeting to order at 5:22 p.m. Representatives Chenault,
Austerman, Gatto, Olson, Gruenberg, Tuck, and Johnson were
present at the call to order.
HCR 12-TASK FORCE ON FISCAL FUTURE OF ALASKA
5:22:49 PM
CHAIR JOHNSON announced that the first order of business would
be HOUSE CONCURRENT RESOLUTION NO. 12, Creating the Task Force
on the Fiscal Future of Alaska as a joint legislative task force
and relating to the task force.
5:23:03 PM
ERIN HARRINGTON, Staff, Representative Austerman, Alaska State
Legislature, noted that the committee packet should include an
amendment, which is in response to an error in the drafting that
was brought to the sponsor's attention after being referred to
the House Rules Standing Committee. On page 2, lines 22-23,
the language references the "office of management and budget in
the Department of Administration". However, the Office of
Management and Budget is housed in the Office of the Governor.
Therefore, the amendment in the committee packet would correct
that technical drafting error.
5:23:43 PM
REPRESENTATIVE OLSON moved that the committee adopt Amendment 1,
labeled 27-LS0783\M.1, Wayne, 4/7/11, which read:
Page 2, lines 22 - 23:
Delete "Department of Administration"
Insert "Office of the Governor"
There being no objection, Amendment 1 was adopted.
5:24:18 PM
REPRESENTATIVE AUSTERMAN moved that the committee adopt
Conceptual Amendment 2, as follows [original punctuation
provided]:
Page 2, Line 18: After "senate" insert "one of whom
shall be co-chair"
Page 2, Line 20: After "representatives" insert "one
of whom shall be co-chair"
CHAIR JOHNSON objected for discussion purposes.
5:24:57 PM
REPRESENTATIVE AUSTERMAN explained that nothing in HCR 12
specifies who would be the chair of the proposed task force.
Therefore, Conceptual Amendment 2 would address that such that
one of the members appointed by the Senate and one of the
members appointed by the House would each be a co-chair of the
task force.
5:25:27 PM
CHAIR JOHNSON withdrew his objection.
There being no further objection, Conceptual Amendment 2 was
adopted.
5:25:43 PM
CHAIR JOHNSON, upon determining no one else wished to testify,
closed public testimony.
5:25:53 PM
REPRESENTATIVE OLSON moved to report HCR 12, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHCR 12(RLS) was
reported out of committee.
HB 121-LOAN FUNDS:CHARTERS/MARICULTURE/MICROLOAN
5:26:37 PM
CHAIR JOHNSON announced that the next order of business would be
HOUSE BILL NO. 121, "An Act establishing the commercial charter
fisheries revolving loan fund, the mariculture revolving loan
fund, and the Alaska microloan revolving loan fund and relating
to those funds and loans from those funds; and providing for an
effective date." [Before the committee is CSHB 121(FIN).]
5:26:48 PM
CURTIS THAYER, Deputy Commissioner, Office of the Commissioner,
Department of Commerce, Community & Economic Development
(DCCED), explained that the committee packet should include an
amendment that would cleanup CSHB 121(FIN). The amendment,
labeled 27-GH1728\X.2, Kane, 4/8/11, read:
Page 4, line 8, following "commissioner":
Insert ", which may include other collateral in
addition to a charter halibut permit"
MR. THAYER further explained that the assumption with this
revolving loan program is that the charter halibut permit would
be used as collateral. However, after the passage of CSHB
121(FIN) from the House Finance Committee some charter boat
skippers have sued DCCED regarding the permit system. This
amendment would allow the program to go forward and allows
something other than the charter permit to be used as
collateral, whether it is the boat, property, or something else
from the borrower. He noted that this would protect the state.
5:28:04 PM
REPRESENTATIVE GATTO asked if one could use his/her personal
residence as collateral.
MR. THAYER replied yes.
CHAIR JOHNSON offered that the purpose of this amendment is that
with the encumberment of the permits through litigation, [DCCED]
would potentially be offering non collateralized loans. The
desire was to specify that other forms of collateral could be
used.
5:28:26 PM
REPRESENTATIVE GRUENBERG asked if the current language and
proposed amendment require that the charter halibut permit be
part of the collateral used.
MR. THAYER replied no.
REPRESENTATIVE GRUENBERG suggested then that the language needs
to be changed because [the adoption of the proposed amendment]
would mean that the charter halibut permit must be part of the
collateral.
CHAIR JOHNSON related his understanding that the proposed
amendment means that the charter halibut permit would have to be
used as collateral.
5:30:10 PM
REPRESENTATIVE GRUENBERG offered Conceptual Amendment 1
inserting language "it may include the permit and or other
collateral".
5:30:40 PM
REPRESENTATIVE CHENAULT asked if currently the charter halibut
permit is used as collateral.
MR. THAYER replied yes, that was the intention of the loan
program.
REPRESENTATIVE CHENAULT inquired then why the language would be
added as it's duplicative. He related his understanding that
DCCED wants to add language relating "other collateral that may
be associated with that loan and not the permit".
REPRESENTATIVE GRUENBERG opined that the language on page 4,
line 8, is generic and can include the permit or another else.
He further opined that the proposed amendment would muddy the
water.
MR. THAYER related that he had worked out the language with the
co-chairs of the House Finance Committee who expressed the need
to tighten the language.
REPRESENTATIVE GRUENBERG related his understanding that DCCED
wants to be able to use the permit and/or anything else.
Therefore, the language doesn't need to be tight and should
remain as written. He, therefore, withdrew Conceptual Amendment
1.
5:33:03 PM
MR. THAYER specified that with the amendment labeled X.2, he
wanted to be clear that additional collateral is allowed.
5:33:21 PM
REPRESENTATIVE OLSON suggested ending the sentence after
"collateral" [on page 4, line 7].
REPRESENTATIVE GRUENBERG opined that he wouldn't delete the last
phrase because it's extremely important that the collateral be
acceptable to the commissioner, which he characterized as
quality control.
5:34:01 PM
CHAIR JOHNSON inquired as to whether inserting the following
language would be acceptable: "which include other collateral,
which may include a charter halibut permit".
REPRESENTATIVE GRUENBERG said he is agreeable to that.
5:34:45 PM
REPRESENTATIVE AUSTERMAN related his belief the existing
language implies that the permit would be used as collateral on
[subparagraph] (4). Nowhere in the bill is it explicit that the
permit would be used as collateral, other than the amendment, he
said. He asked if that's correct.
MR. THAYER replied yes.
5:35:15 PM
CHAIR JOHNSON clarified that his suggestion was to insert the
language "which may include". Therefore, once the lawsuits are
settled and clear ownership is provided, then permits could be
collateralized. He asked if that cleans up the language.
MR. THAYER replied yes.
5:35:46 PM
REPRESENTATIVE TUCK surmised then that an individual "may" want
to use a charter halibut permit, but it isn't required in
addition to other collateral.
MR. THAYER answered yes.
5:36:12 PM
CHAIR JOHNSON moved that the committee adopt Conceptual
Amendment 2, to insert the following language:
"which include other collateral which may include a
charter halibut permit"
There being no objection, Conceptual Amendment 2 was adopted.
5:36:52 PM
CHAIR JOHNSON, upon determining no one else wished to testify,
closed public testimony.
5:37:14 PM
REPRESENTATIVE OLSON moved to report HB 121, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 121(RLS) was
reported from the House Rules Standing Committee.
HB 146-LAND TRANSFER FROM STATE AND ALASKA RR
5:37:36 PM
CHAIR JOHNSON announced that the final order of business would
be HOUSE BILL NO. 146, "An Act authorizing the transfer of land
from the State of Alaska and the Alaska Railroad Corporation to
property owners along the Eielson Spur Line; and providing for
an effective date." [Before the committee is CSHB 146(FIN).]
5:37:39 PM
REPRESENTATIVE CHENAULT moved to adopt CSHB 146(RES) as the
working document.
CHAIR JOHNSON objected for discussion purposes.
5:37:58 PM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature, stated
that HB 146 was carefully crafted and vetted over several years
to restore a property right to land owners along the Eielson
Spur. This is a unique situation that's only applicable to the
Eielson Spur. Simply put, HB 146 merely returns the right-of-
way to the adjacent landowners if the track and any of the
subsurface cables are removed, which was available to landowners
until the Alaska Railroad Transfer Act was amended in 2003. The
CSHB 146(RES) has a much tighter title than that of CSHB
146(FIN). She noted, however, that the substantive part of the
legislation is the same in both versions. She expressed concern
that [CSHB 146(FIN)] would be open to other situations in the
state rather than just the unique situation in Eielson Spur.
5:39:15 PM
REPRESENTATIVE GATTO asked, "What happens if, in the Finance
version, that changes the ability to transfer land from the
railroad to the homesteaders?"
REPRESENTATIVE T. WILSON explained that her concern is that it
would allow that change, but it would be more concerning if
others would use this as a mechanism to obtain land that
currently belongs to the railroad.
5:40:05 PM
CHAIR JOHNSON withdrew his objection.
There being no further objection, CSHB 146(RES) was before the
committee.
5:40:24 PM
CHAIR JOHNSON, upon determining no one else wished to testify,
closed public testimony.
5:40:34 PM
REPRESENTATIVE CHENAULT moved to report CSHB 146(RES) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, it was so ordered.
5:41:17 PM
ADJOURNMENT
There being no further business before the committee, the House
Rules Standing Committee meeting was adjourned at 5:41 p.m.
| Document Name | Date/Time | Subjects |
|---|