Legislature(1993 - 1994)

05/01/1994 01:10 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                             MINUTES                                           
                    SENATE FINANCE COMMITTEE                                   
                           May 1, 1994                                         
                            1:10 p.m.                                          
                                                                               
  TAPES                                                                        
                                                                               
  SFC-94, #85, Side 1 (150-end)                                                
  SFC-94, #85, Side 2 (end-000)                                                
  SFC-94, #87, Side 1 (000-550)                                                
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Senator  Drue  Pearce,  Co-chair,  convened the  meeting  at                 
  approximately 1:10 p.m.                                                      
                                                                               
  PRESENT                                                                      
                                                                               
  In addition  to Co-chair Pearce, Senators  Rieger, Kerttula,                 
  Kelly, Jacko and Sharp were  present.  Co-chair Frank joined                 
  the meeting after it was in progress.                                        
                                                                               
  ALSO ATTENDING:  Representative Gail Phillips, sponsor of HB
  319;  Senator  Loren  Leman; Representative  Harley  Olberg,                 
  sponsor of  HB 427;  Cheryl Sutton,  aide to  Representative                 
  Moses,  sponsor  of  HB 230;  Representative  Eldon  Mulder,                 
  sponsor of  HCR  32 and  HB  421; Jeff  Morrison,  Director,                 
  Administrative &  Support Services  Division, Department  of                 
  Military & Veteran Affairs; Representative Jeannette  James,                 
  sponsor  of HB 222;  David Skidmore, aide  to Senator Frank;                 
  Jack   Chenoweth,   attorney,  Legislative   Legal  Counsel,                 
  Legislative Affairs  Agency; Sherrie Goll,  lobbyist, Alaska                 
  Women's Lobby and KIDPAC;  Jane Andrene, Executive Director,                 
  Council on Domestic Violence and Sexual Assault; John George                 
  for   the   Outdoor   Council;   George  Dozier,   aide   to                 
  Representative  Kott, sponsor  of HB  231;  Thomas Williams,                 
  Director, Permanent  Fund Dividend  Division, Department  to                 
  Revenue;  Larry  Meyers,  Director, Income  &  Excise  Audit                 
  Division,  Department  of   Revenue;  Gerald  L.  Gallagher,                 
  Director,  Division   of  Mining,   Department  of   Natural                 
  Resources;  Larry  LaBolle,  aide  to  Representative  Larry                 
  Foster,  sponsor  of   HB  498;  C.E.  Swackhammer,   Deputy                 
  Commissioner,  Department  of  Public  Safety; Mike  Greany,                 
  Director, Legislative Finance  Division; representatives  of                 
  the media, aides  to committee members and other  members of                 
  the legislature.                                                             
                                                                               
  SUMMARY INFORMATION                                                          
                                                                               
  CSSB 378(STA):      An  Act  relating   to  permanent   fund                 
                      dividend program notice requirements, to                 
                      the  ineligibility   for  dividends   of                 
                      individuals  convicted  of  felonies  or                 
                                                                               
                                                                               
                      incarcerated  for  misdemeanors,  and to                 
                      the  determination  of  the  number  and                 
                      identity    of     certain    ineligible                 
                      individuals;   and   providing   for  an                 
                      effective date.                                          
                                                                               
                      Thomas  Williams,  Director,   Permanent                 
                      Fund  Dividend  Division,  Department of                 
                      Revenue,  spoke   to  the   department's                 
                      concerns  regarding  SB  378.    Senator                 
                      Frank proposed Amendment 1.  Amendment 1                 
                      was ADOPTED.  CSSB 378(FIN) was REPORTED                 
                      out  of committee with a "do pass," zero                 
                      fiscal  notes  for  the   Department  of                 
                      Corrections   and   the   Department  of                 
                      Revenue, and an undetermined fiscal note                 
                      for the Alaska Court System.                             
                                                                               
  CSHB 222(FIN):      An Act relating to landlords and tenants                 
                      and to the  applicability of the Uniform                 
                      Residential Landlord and Tenant  Act, to                 
                      termination of tenancies and recovery of                 
                      rental      premises,     to      tenant                 
                      responsibilities,  and   to  the   civil                 
                      remedies of forcible entry  and detainer                 
                      and  nuisance  abatement;  and  amending                 
                      Rule 62(a) of the Alaska  Rules of Civil                 
                      Procedure and  Rule 24(a) of  the Alaska                 
                      District Court Rules of Civil Procedure.                 
                                                                               
                      Representative Jeannette  James, sponsor                 
                      of HB  222, and David Skidmore,  aide to                 
                      Senator Frank, testified  in support  of                 
                      HB  222.    Jack   Chenoweth,  attorney,                 
                      Legislative  Legal Counsel,  Legislative                 
                      Affairs Agency,  explained each  section                 
                      of the  bill.    SCSCSHB  222(FIN)  work                 
                      draft  "V"  was  ADOPTED.   Amendment  1                 
                      conceptually  added  commercial  illegal                 
                      gaming  as an  illegal  activity to  the                 
                      bill.      Amendment   1  was   ADOPTED.                 
                      Amendment  2  by   Senator  Rieger   was                 
                      ADOPTED.      Senator   Sharp   proposed                 
                      Amendment 3 presented by  Senator Leman.                 
                      Amendment  3  FAILED.   SCSCSHB 222(FIN)                 
                      work draft  "V" as amended  was REPORTED                 
                      out of  committee with  a  "do pass,"  a                 
                      zero fiscal note  for the Department  of                 
                      Safety,  and  a  fiscal  note  for   the                 
                      Department  of  Law  in  the  amount  of                 
                      $10.0.                                                   
                                                                               
                                                                               
  CSHB 230(FIN):      An Act relating to fees for a commercial                 
                      fishing vessel license.                                  
                                                                               
                      Cheryl  Sutton,  aide  to Representative                 
                      Moses,  sponsor  of  HB  230,  spoke  in                 
                      support  of the bill.  CSHB 230(FIN) was                 
                      REPORTED  out  of committee  with  a "do                 
                      pass,"  and   a  fiscal  note   for  the                 
                      Department of Fish & Game in  the amount                 
                      of $16.6 showing revenue of $871.5.                      
                                                                               
  CSHB 231(FIN):      An Act relating to when previous conduct                 
                      constituting  a  sexual  offense may  be                 
                      used   as   an  aggravating   factor  at                 
                      sentencing.                                              
                                                                               
                      George  Dozier,  aide  to Representative                 
                      Kott,  sponsor  of  HB   231,  spoke  in                 
                      support  of  the  bill.    Jan  Andrene,                 
                      Council on Domestic Violence  and Sexual                 
                      Assault, also testified in support of HB
                      231.                                                     
                                                                               
  SCSCSHB 319(JUD):   An Act  relating to the training  of law                 
                      enforcement and corrections officers; to                 
                      the  establishment  of surcharges  to be                 
                      assessed  for   violations  of   certain                 
                      traffic  offenses;  allowing  defendants                 
                      who are  unable to pay the  surcharge to                 
                      perform  community  work;  creating  the                 
                      Alaska police  standards training  fund;                 
                      and providing for an effective date.                     
                                                                               
                      Representative Gail Phillips, sponsor of                 
                      HB  319,  testified  in  support of  the                 
                      bill.  SCSCSHB 319(JUD) was REPORTED out                 
                      of committee with a "do pass," and  with                 
                      zero fiscal notes for  the Department of                 
                      Law,  the  Department of  Public Safety,                 
                      and the Alaska Court System.                             
                                                                               
  SCSCSHB 351(STA):   An  Act  relating  to  permits  for  the                 
                      carrying   of   a   concealed   handgun;                 
                      providing for local option  elections in                 
                      municipalities and  established villages                 
                      to   prohibit   the   possession  of   a                 
                      concealed  handgun  under a  permit; and                 
                      relating to the  possession of  weapons;                 
                      and providing for an effective date.                     
                                                                               
                      Sherrie Goll,  lobbyist, Alaska  Women's                 
                                                                               
                                                                               
                      Lobby  and  KIDPAC,  and  Jane  Andrene,                 
                      Executive Director, Council  on Domestic                 
                      Violence and  Sexual Assault,  testified                 
                      in opposition  to HB 351.   John George,                 
                      for  the  Outdoor Council,  testified in                 
                      support  of  HB  351.    Senator  Rieger                 
                      voiced  his  opposition  to a  concealed                 
                      weapon.   CSHB 351(FIN  am(efd add)  was                 
                      REPORTED  out of  committee  with a  "do                 
                      pass,"  a  zero  fiscal   note  for  the                 
                      Department of Law, a fiscal note in  the                 
                      amount of  $2.44 for  the Office  of the                 
                      Governor,  and  a  fiscal  note for  the                 
                      Department  of  Public  Safety   in  the                 
                      amount of $1,351.8  showing a revenue of                 
                      $1,842.7.                                                
                                                                               
  HB 421:             An Act authorizing grants  for temporary                 
                      housing  assistance  during  emergencies                 
                      and disasters.                                           
                                                                               
                      Representative Eldon Mulder,  sponsor of                 
                      HB  421,  and  Jeff Morrison,  Director,                 
                      Administrative   &   Support    Services                 
                      Division,  Department   of  Military   &                 
                      Veteran Affairs, testified in opposition                 
                      to    limiting    grants    to   $5,000.                 
                      Discussion  was  had by  Senators Kelly,                 
                      Sharp,  and  Co-chair  Pearce  regarding                 
                      double payments and existing legislation                 
                      for  limits.     HB  421   was  HELD  in                 
                      committee  until  a   new  CS  could  be                 
                      drafted.                                                 
                                                                               
  HB 427:             An  Act  relating  to  compensation  for                 
                      members    of    the    Local   Boundary                 
                      Commission.                                              
                                                                               
                      Representative Harley Olberg, sponsor of                 
                      HB  427,  testified  in support  of  the                 
                      bill.  Senator Kelly  proposed Amendment                 
                      1  which  limited  the  number  of  paid                 
                      meeting  days to  40.   Amendment 1  was                 
                      ADOPTED.    SCSHB 427(FIN)  was REPORTED                 
                      out of committee with a "do pass," and a                 
                      fiscal  note  for   the  Department   of                 
                      Community & Regional Affairs for $14.8.                  
                                                                               
  CSHB 498(FIN):      An   Act   providing   for   exploration                 
                      incentive    credits   for    activities                 
                      involving    locatable   and    leasable                 
                                                                               
                                                                               
                      minerals  and  coal deposits  on certain                 
                      land in the state; and providing  for an                 
                      effective date.                                          
                                                                               
                      Larry Meyers, Director, Income  & Excise                 
                      Audit Division,  Department of  Revenue;                 
                      Gerald L. Gallagher,  Director, Division                 
                      of   Mining,   Department   of   Natural                 
                      Resources;  and  Larry LaBolle,  aide to                 
                      Representative Larry Foster,  sponsor of                 
                      HB 498, spoke  to HB 498.   Amendment 4,                 
                      5, and 6 were ADOPTED.  SCSCSHB 498(FIN)                 
                      was REPORTED out of committee with a "do                 
                      pass," and  zero  fiscal  note  for  the                 
                      Department of Revenue.                                   
                                                                               
  HCR 32:             Establishing  the  Joint  Task Force  on                 
                      Military Bases in Alaska.                                
                                                                               
                      Representative  Mulder,  sponsor  of HCR
                      32, testified  in support  of the  bill.                 
                      HCR  32 was  REPORTED  out of  committee                 
                      with a "do pass," and a zero fiscal note                 
                      for Legislative Affairs Agency.                          
                                                                               
  SENATE CS FOR CS FOR HOUSE BILL NO. 319(JUD):                                
                                                                               
       An Act relating to the training of  law enforcement and                 
       corrections   officers;   to   the   establishment   of                 
       surcharges  to be  assessed  for violations  of certain                 
       traffic offenses; allowing defendants who are unable to                 
       pay the surcharge  to perform community  work; creating                 
       the  Alaska   police  standards   training  fund;   and                 
       providing for an effective date.                                        
                                                                               
  CO-CHAIR DRUE  PEARCE announced that  HB 319 was  before the                 
  committee and invited  Representative Gail Phillips, sponsor                 
  of the bill, to speak to the committee.                                      
                                                                               
  REPRESENTATIVE  PHILLIPS  said that  HB  319 would  do three                 
  things.  It would establish a police standards training fund                 
  within the  general fund, provide  a source of  receipts for                 
  the  training fund  paid for  by  the violations  of certain                 
  traffic offenses such as moving violations and driving while                 
  intoxicated,  and  allow  those  unable  to pay  to  perform                 
  community work.   It allowed the legislature  to appropriate                 
  each year for the training of law enforcement and correction                 
  officers  statewide  through  the  Alaska  Police   Training                 
  Council.  Training for law enforcement was sorely needed and                 
  in  too  many  instances  was  non-existent.    The  phrase,                 
  surcharge,  was used to avoid the  appearance of a dedicated                 
  fund and a  way for municipalities  and the court system  to                 
                                                                               
                                                                               
  account  for the  amount to  be transferred  from  the state                 
  treasury for training.  She asked that ten and twelve dollar                 
  increase in fines not be  misconstrued as a tax,  surcharge,                 
  user fee, etc.  since the legislature  did not set the  fine                 
  schedules.  The  Supreme Court and municipalities  raised or                 
  adjusted bail forfeiture  schedules and could do  so without                 
  giving the legislature  the opportunity to direct  where the                 
  increase would  be used and  for what purpose.   Anticipated                 
  receipts  on  only  the collectable  fines  would  amount to                 
  approximately $700,000  annually.   Delayed effective  dates                 
  would  allow  the  Court  System   to  implement  their  new                 
  accounting  system  and  to   amend  their  bail  forfeiture                 
  schedules to reflect  the proposed increase and  would allow                 
  municipalities adequate time to prepare in-house  accounting                 
  systems.                                                                     
                                                                               
  Representative  Phillips  went  on to  say  that  the Senate                 
  Judiciary Committee substitute  made one  change on page  3,                 
  lines 11-13,  where new  language was  added that said  "the                 
  legislature may appropriate  equal amounts from the  fund to                 
  the  Department  of  Public  Safety  for the  Public  Safety                 
  Training  Academy  and  to   the  Alaska  Police   Standards                 
  Council."    In  answer  to  Senator  Kelly,  Representative                 
  Phillips said she had no problem with the added language.                    
                                                                               
  SENATOR KERTTULA said that a fee is a fee is a fee and a tax                 
  is a  tax is  a tax.   Senator  Kelly  said "and  this is  a                 
  surcharge" to everyone's amusement.                                          
                                                                               
  SENATOR JACKO  MOVED for  passage of  SCSCSHB 319(JUD)  from                 
  committee  with  individual recommendations.    No objection                 
  being heard, SCSCSHB 319(JUD) was  REPORTED out of committee                 
  with a "do pass," and with  zero fiscal notes for the Alaska                 
  Court System,  the Departments  of Law,  and Public  Safety.                 
  Co-chairs Pearce and Frank, Senators Sharp, Kerttula, Jacko,                 
  Kelly, and Rieger signed a "do pass."                                        
                                                                               
  HOUSE BILL NO. 427:                                                          
                                                                               
       An  Act  relating to  compensation  for members  of the                 
       Local Boundary Commission.                                              
                                                                               
  Co-chair  Pearce  announced  that  HB  427  was  before  the                 
  committee and invited Representative  Harley Olberg to speak                 
  to the bill.                                                                 
                                                                               
  REPRESENTATIVE  OLBERG  admitted that  the  fiscal note  was                 
  troublesome in view of declining revenues and low oil prices                 
  but he felt  this legislation was  long overdue.  The  local                 
  boundary commission met 18  times a year (9 in-person  and 9                 
  by teleconference),  and last year handled  seven petitions.                 
  This year  12 petitions had  already been scheduled  with an                 
  outlook of  increased activity.   He felt  with this  modest                 
                                                                               
                                                                               
  compensation, competent people would stay involved.                          
                                                                               
  SENATOR  KELLY  asked  if  there would  be  an  objection to                 
  limiting   the   number   of   days   the   Commission  met.                 
  Representative Olberg said  that there were 18  meetings per                 
  year and  5 members  on the  Commission.   At present,  they                 
  receive  travel and per  diem.  Although  it was  one of the                 
  five  constitutional mandated boards, it was  not one of the                 
  28  that  was presently  compensated.   He  said he  was not                 
  opposed  to  limiting the  number  of days  except  that the                 
  volume of work was  on the increase.  Co-chair  Frank voiced                 
  his  opinion that $100  a day  would probably  not encourage                 
  extra meetings.                                                              
                                                                               
  Senator Kelly questioned whether  they could be  compensated                 
  for a  "full day",  if they  spent part  of the  day on  the                 
  telephone.     Representative   Olberg   said   there   were                 
  regulations in  place that  could provide  for partial  days                 
  including teleconference meetings, because when they were at                 
  home on the phone, they did not collect travel and per diem.                 
  Senator  Rieger  said  he  was  in support  of  compensating                 
  members for meetings.  He agreed  that there was an increase                 
  of  work  for  this   Commission  and  it  deserved  to   be                 
  compensated for time and effort.                                             
                                                                               
  Senator Kerttula commented that he  hoped enough money would                 
  be  raised  to cover  costs for  these  kinds of  boards and                 
  commissions.                                                                 
                                                                               
  Senator Kelly  MOVED  conceptual amendment  1  that  limited                 
  meeting  days to 40 full days.  Co-chair Pearce called for a                 
  show of hands  and the motion  carried on a  vote of 4  to 3                 
  (Co-chair Pearce, Senators  Sharp, Jacko, and Kelly  were in                 
  support,  Co-chair Frank,  Senator Rieger and  Kerttula were                 
  opposed).                                                                    
                                                                               
  Senator  Kerttula  MOVED for  passage  of SCSHB  427(FIN) as                 
  amended from committee with  individual recommendations.  No                 
  objection being heard,  SCSHB 427(FIN)  was REPORTED out  of                 
  committee  with  a "do  pass,"  and  a fiscal  note  for the                 
  Department of  Commerce and Regional Affairs for $14.8.  Co-                 
  chair Frank, Senators Sharp and Jacko signed "do pass."  Co-                 
  chair Pearce signed "do pass either  way."  Senator Kerttula                 
  signed "no recommendation."   Senator Kelly signed  "do pass                 
  as amended."   Senator  Rieger signed "do  pass without  the                 
  amendment."                                                                  
                                                                               
  CS FOR HOUSE BILL NO. 230(FIN):                                              
                                                                               
       An Act relating to fees for a commercial fishing vessel                 
       license.                                                                
                                                                               
  Co-chair  Pearce  announced  that  HB  230  was  before  the                 
                                                                               
                                                                               
  committee and  invited Representative Carl Moses, and Cheryl                 
  Sutton, aide to Representative Moses,  sponsor of HB 230, to                 
  the table.                                                                   
                                                                               
  CHERYL SUTTON said that HB 230 was a simple bill that raised                 
  the vessel license fee from an across the board $20 fee to a                 
  fee based on  the length of  the vessel.   This $20 fee  had                 
  been in effect for a long time, at least since 1979 when the                 
  commercial   fisheries  entry   commission  took   over  the                 
  licensing of  vessels.   On page  2 of  the  bill, the  fees                 
  imposed per length  of vessel  were listed.   She said  that                 
  this bill was a small move to bring the fee in line with the                 
  revenue   of   the  fisheries.      She  pointed   out  that                 
  Representative  Moses  had included  intent language  in the                 
  bill  so  that  revenue  generated  be appropriated  to  the                 
  Department  of Fish & Game to assist  with budget needs.  If                 
  HB 230  passes, Representative Moses  respectively requested                 
  Co-chairs Pearce  and Frank  to keep  this in  mind as  they                 
  moved  through the Department of  Fish & Game's budget items                 
  and especially the AYK needs for research & management.  She                 
  went  on to say  that United  Fishermen of  Alaska supported                 
  this bill.                                                                   
                                                                               
  Senator  Jacko  MOVED  for  passage  of CSHB  230(FIN)  with                 
  individual recommendations.  No objection being heard,  CSHB
  230(FIN) was REPORTED out of committee with a "do pass," and                 
  a fiscal note for  the Department of Fish  & Game for  $16.6                 
  showing a revenue  of $871.5.   Co-chairs Pearce and  Frank,                 
  Senators Jacko, Rieger, Kerttula, Kelly and Sharp signed "do                 
  pass."                                                                       
                                                                               
  HOUSE CONCURRENT RESOLUTION NO. 32:                                          
                                                                               
       Establishing the Joint Task Force  on Military Bases in                 
       Alaska.                                                                 
                                                                               
  Co-chair  Pearce  announced  that  HCR  32  was  before  the                 
  committee and  invited Representative Eldon  Mulder to speak                 
  to the bill.                                                                 
                                                                               
  REPRESENTATIVE MULDER  said this was  the final year  of the                 
  Base Realignment and Closure Commission (BRAC) evaluation of                 
  military bases around the United States.  The  Department of                 
  Defense  would  visit  each  facility  to reduce  the  least                 
  important  or valuable ones in an  effort to save money.  He                 
  said  the  military  annually contributes  $2.7  billion  to                 
  Alaska's economy,  and  the reduction  of any  of our  bases                 
  would have a devastating effect on the state.                                
                                                                               
  Representative  Mulder  went  on  to say  that  HCR  32  was                 
  introduced  to  establish  the Joint  Task  Force  to better                 
  inform the members of the BRAC Commission of  the importance                 
  of Alaska bases.                                                             
                                                                               
                                                                               
  Senator Kelly  pointed out  the BRAC  Commission would  have                 
  seventeen new members by September  1994 who would have  had                 
  no exposure at all to  base issues nationwide.  He  felt the                 
  sooner the state could lobby for the strategic importance of                 
  Alaska, the better off the state  would be in the final 1995                 
  review of bases.                                                             
                                                                               
  Senator Kelly  MOVED for  passage of HCR  32 from  committee                 
  with individual recommendations.   No objection being heard,                 
  HCR 32 was REPORTED out of committee with a "do pass," and a                 
  zero  fiscal note for  the Legislative Affairs  Agency.  Co-                 
  chairs Pearce and Frank, Senators  Sharp, Rieger, Jacko, and                 
  Kelly signed "do pass."                                                      
                                                                               
  HOUSE BILL NO. 421:                                                          
                                                                               
       An  Act  authorizing   grants  for  temporary   housing                 
       assistance during emergencies and disasters.                            
                                                                               
  Co-chair Pearce announced that work draft SCSHB 421(FIN) "E"                 
  version  was before  the  committee.   She  pointed out  new                 
  language on  page 1, line  11-14, and page 2,  line 1, which                 
  Co-chair Frank and Senator Kelly had approved.                               
                                                                               
  CO-CHAIR  FRANK  MOVED  for  adoption  of work  draft  SCSHB
  421(FIN)  "E" version.   No  objection being  heard,  it was                 
  ADOPTED.                                                                     
                                                                               
  Representative  Mulder  invited  Jeff   Morrison,  Director,                 
  Administrative &  Support Services  Division, Department  of                 
  Military & Veteran Affairs, to speak to the bill.  In regard                 
  to the $5,000 restriction, he said  that in a real emergency                 
  the restriction might be too constrictive.                                   
                                                                               
  JEFF MORRISON said  there were two  sections in present  law                 
  regarding disasters.   One that  pertains to individual  and                 
  family grants and  one that  pertains to temporary  housing.                 
  HB 421 only applied to the temporary housing provision.  The                 
  other section pertaining  to family grants, was  intended to                 
  address  immediate  needs following  a  disaster  other than                 
  housing, such  as food,  clothing, medicine, bedding,  etc.,                 
  and had  a $5,000 limitation  per individual or  per family.                 
  HB 421 would not change that limitation.  He did not support                 
  putting a limit  on temporary housing  because it might  not                 
  meet the needs of  disaster victims.   There was a limit  of                 
  eighteen months for housing  and a time limit seemed  a more                 
  appropriate limitation.                                                      
                                                                               
  In answer to  Co-chair Pearce, Mr.  Morrison said that if  a                 
  disaster  was  solely a  state disaster  and not  declared a                 
  federal disaster, people  would not be eligible  for Federal                 
  Emergency  Management Agency  (FEMA)  grants.   Usually  the                 
                                                                               
                                                                               
  magnitude of a disaster, for  instance, how many individuals                 
  it  effected,  was the  factor  mandating  it as  a  federal                 
  disaster.                                                                    
                                                                               
  Senator Kelly asked if  the state would be reimbursed  if an                 
  individual received state and then later federal assistance.                 
  Mr.  Morrison  said there  was  a provision  in  the current                 
  temporary housing plan to offset insurance proceeds.  He did                 
  not know if a settlement would be treated the same way.                      
                                                                               
  Discussion followed regarding housing limitations by Senator                 
  Sharp, Mr. Morrison, and Co-chair Pearce.                                    
                                                                               
  Senator Kelly requested a provision be  added to the bill to                 
  provide  reimbursement  to  the  state  if an  insurance  or                 
  federal  settlement  was received  by  individuals receiving                 
  grants.  Mr. Morrison suggested that Senator Kelly's concern                 
  could be addressed  by adding the words "or  other payments"                 
  after the words "under private Insurance" on line 14, and on                 
  line 12, and replace  the words "are not eligible  for" with                 
  the words  "for the  cost of  housing that  are not  covered                 
  under."  The state  then would not duplicate payments.   Co-                 
  chair  Pearce pointed  out  that it  might  be years  before                 
  settlements or other payments were received, and this was an                 
  emergency grant so individuals could receive money  quickly.                 
  Senator Kelly  agreed with  Co-chair Pearce  that the  state                 
  grant  would  be an  immediate help,  but  if any  money was                 
  received after that, the state should be reimbursed.                         
                                                                               
  Representative Mulder also agreed that the intent  of HB 421                 
  was  to  enable people  to  receive emergency  funds quickly                 
  without  the  department  having  to  do a  lengthy  housing                 
  inventory, etc.   He  said he  was in  support of  the grant                 
  being  repaid  to  the state  if  the  individual or  family                 
  received another settlement at a later date.                                 
                                                                               
  Co-chair Pearce announced that SCSHB  421(FIN) would be HELD                 
  until  language  could  be  drafted  to  accomplish  Senator                 
  Kelly's proposed amendment.                                                  
                                                                               
  CS FOR HOUSE BILL NO. 222(FIN):                                              
                                                                               
       An Act  relating to landlords  and tenants  and to  the                 
       applicability of  the Uniform Residential  Landlord and                 
       Tenant Act, to termination of tenancies and recovery of                 
       rental premises, to tenant responsibilities, and to the                 
       civil remedies  of  forcible  entry  and  detainer  and                 
       nuisance  abatement;  and amending  Rule  62(a)  of the                 
       Alaska Rules of Civil  Procedure and Rule 24(a) of  the                 
       Alaska District Court Rules of Civil Procedure.                         
                                                                               
  Co-chair Pearce announced that SCSHB 222(FIN) was before the                 
  committee and  invited Representative  James, sponsor  of HB
  222,  and David  Skidmore, aide  to Co-chair  Frank,  to the                 
  table.                                                                       
                                                                               
  DAVID SKIDMORE  said that the changes in  the Senate Finance                 
  Committee  version  included  several   Judiciary  Committee                 
  amendments   regarding   tenant    obligations   and    some                 
  clarification  of  existing statutes.    The  only Judiciary                 
  Committee  amendment  that  was not  included  increased the                 
  allowable amount of a security deposit that a landlord could                 
  charge.                                                                      
                                                                               
  Co-chair  Frank  MOVED for  adoption  of SCSHB  222(FIN) "S"                 
  version.  No objection being heard, it was ADOPTED.                          
                                                                               
  On  request by  Senator  Rieger, Mr.  Skidmore  began to  go                 
  through  the  bill section  by section.   Mr.  Skidmore then                 
  asked Jack  Chenoweth, attorney, Legislative  Legal Counsel,                 
  Legislative Affairs Agency, to  join them at the table.   At                 
  this time Mr. Chenoweth spoke to the sections beginning with                 
  Section 4.                                                                   
                                                                               
  End SFC-93 #85, Side 1                                                       
  Begin SFC-93 #85, Side 2                                                     
                                                                               
  In  answer  to Senator  Rieger,  Mr. Chenoweth  said  that a                 
  hearing was  required to remove  a tenant  from a  property.                 
  Discussion  continued  regarding  tenant/landlord procedures                 
  and time constraints.                                                        
                                                                               
  In regard  to  the nuisance  abatement  provisions  designed                 
  after  a  law  from  California,  Co-chair Pearce  asked  if                 
  illegal gaming  could be added to Section 8.  Representative                 
  James said that she had no problem with it.                                  
                                                                               
  SENATOR RIEGER asked about immediate eviction in the case of                 
  substantial damage.   He  did not  support the  idea that  a                 
  landlord with a large  security damage had to wait  for more                 
  damage to  be done  before he  could evict  the tenant,  and                 
  proposed removing that provision.                                            
                                                                               
  Mr. Skidmore said, in answer to Senator Rieger, that SCSCSHB
  222(FIN) work draft  "V" removed  Section 6, removing  court                 
  rule  changes   that  address  continuances  mandated  by  a                 
  mediation clause.                                                            
                                                                               
  Discussion  followed by  Mr.  Chenoweth and  Senator  Rieger                 
  regarding Section  8, illegal  acts and  nuisance abatement.                 
  It was explained  that neighbors can  come to the court  and                 
  ask  that  certain  activities  be  stopped  on  a  specific                 
  premises  without  action  being  taken  by  an  unconcerned                 
  landlord.                                                                    
                                                                               
  Co-chair Frank MOVED  for adoption of SCSCSHB  222(FIN) work                 
  draft "V".  No objection being heard, it was ADOPTED.                        
                                                                               
                                                                               
  Co-chair Frank MOVED for adoption  of conceptual amendment 1                 
  adding  illegal  gaming  to  Section   8.    Senator  Rieger                 
  suggested the addition  of the word "commercial"  to illegal                 
  gaming so individuals having a private poker party would not                 
  be  effected.   No objection  being heard,  amendment 1  was                 
  ADOPTED.   Later, Mr.  Skidmore asked  for clarification  of                 
  where illegal gaming would be added to the bill.                             
                                                                               
  Senator  Rieger MOVED amendment 2,  on page 13, lines 16-17,                 
  deleting all language after $400.  No objection being heard,                 
  amendment 2 was ADOPTED.                                                     
                                                                               
  End SFC-93 #85, Side 2                                                       
  Begin SFC-93 #87, Side 1                                                     
                                                                               
  SENATOR SHARP MOVED amendment 3  requested by Senator Leman.                 
  Extensive  discussion was  had  by Senators  Leman,  Rieger,                 
  Jacko, and Mr. Chenoweth regarding the landlord's refusal to                 
  rent  to unmarried  persons according to  religious beliefs.                 
  Senator Rieger OBJECTED  to the amendment.   Co-chair Pearce                 
  called for a show  of hands and the motion FAILED  on a vote                 
  of 2 to 3 (Co-chair Pearce and  Senator Sharp were in favor,                 
  Co-chair Frank, Senators Rieger, and Jacko were opposed).                    
                                                                               
  Co-chair Frank MOVED  for passage  of SCSCSHB 222(FIN)  work                 
  draft "V"  as amended.   Senator Jacko  OBJECTED.   Co-chair                 
  Pearce called for a show of  hands and the bill was REPORTED                 
  out of committee with a "do pass," on a vote of 4  to 1 (Co-                 
  chairs  Pearce,  Frank, Senators  Rieger  and Sharp  were in                 
  favor, Senator Jacko  was opposed), and  with a zero  fiscal                 
  note for the  Department of Safety and a fiscal note for the                 
  Department of  Law for $10.0.   Co-chairs Pearce  and Frank,                 
  Senators Rieger and Sharp  signed "do pass."   Senator Jacko                 
  signed "do not pass."                                                        
                                                                               
                          Recess 2:45pm                                        
                        Reconvene 3:00pm                                       
                                                                               
  SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA):                                
                                                                               
       An  Act  relating  to permits  for  the  carrying of  a                 
       concealed handgun; providing for local option elections                 
       in municipalities and  established villages to prohibit                 
       the possession of  a concealed handgun under  a permit;                 
       and  relating   to  the  possession  of   weapons;  and                 
       providing for an effective date.                                        
                                                                               
  Co-chair  Pearce  announced  that  HB  351  was  before  the                 
  committee and invited testimony to the bill.                                 
                                                                               
  SHERRIE  GOLL, lobbyist,  Alaska  Women's Lobby  and KIDPAC,                 
  testified in opposition to HB 351.  She did not believe that                 
                                                                               
                                                                               
  this bill would  make life  safer for women.   Instead,  she                 
  felt  more  guns would  mean  more accidents  and tragedies.                 
  Almost all people murdered were killed by someone they knew.                 
  Studies  showed that  75  percent of  justifiable  homicides                 
  occur in the home where handguns for protection were already                 
  permitted.  FBI  statistics show  that even police  officers                 
  who  receive  hundreds  of  hours  of training,  still  kill                 
  themselves with their own weapons.  She believed  that women                 
  would be better  served by  training in a  martial art  that                 
  could not  be taken  and used against  her.  She  also asked                 
  that a  provision be added to  the bill that if  a permitted                 
  gun was  used  in a  domestic  violence assault  case,  that                 
  permit would  be revoked.   She  also pointed  out the  poor                 
  example parents, who carried guns, were giving to children.                  
                                                                               
  Ms. Goll urged,  if HB  351 would pass,  that strict  safety                 
  measures be added  to the legislation.   She added, that  if                 
  having more guns on the  streets made us a safer nation,  we                 
  should be the safest nation in the world.                                    
                                                                               
  JANE  ANDRENE,  Executive   Director,  Council  on  Domestic                 
  Violence and Sexual  Assault, testified in opposition  to HB
  351.   She said this  bill was being  presented as a  way to                 
  deter crime but a significant portion of the crime in Alaska                 
  were crimes of  domestic violence  and sexual  assault.   In                 
  crimes  of sexual assault, 85 percent  of the offenders were                 
  known to the victims and happened where the victim would not                 
  have access to  a concealed weapon or be able  to access the                 
  weapon quickly enough.  A  significant and realistic fear of                 
  many victims  of  family violence  was that  the partner  or                 
  spouse had  access to  and  was skilled  at using  firearms.                 
  Many times  the threat  of using  them  was made  repeatedly                 
  toward the victim.  If alcohol  or stress was added to these                 
  situations, the possibility of lethality escalated in family                 
  violence.   She also pointed out  that domestic violence and                 
  sexual assault workers  would also be threatened.   She said                 
  carrying  weapons  openly  would  reduce  the potential  for                 
  violent crimes.                                                              
                                                                               
  JOHN GEORGE, for the Outdoor Council, said the safest weapon                 
  on the street  was carried  by someone who  was trained  and                 
  this bill provided  for training.   He felt those that  went                 
  through   the   training,   submitted   to   fingerprinting,                 
  photographing, and paid  a fee,  were going to  be safe  gun                 
  carriers.    He urged  support  for HB  351.   In  answer to                 
  Senator Rieger, he  said that strapping  on a six gun  would                 
  give  a wild west  approach.  He  said this bill  targeted a                 
  person who would like to walk softly and carry a big stick.                  
                                                                               
  Co-chair Frank MOVED  for passage  of SCSCSHB 351(STA)  from                 
  committee  with individual  recommendations.   No  objection                 
  being heard, it  was REPORTED  out of committee  with a  "do                 
  pass,"  a  zero fiscal  note for  the  Department of  Law, a                 
  fiscal note for the Officer of the Governor for $2.44, and a                 
                                                                               
                                                                               
  fiscal  note  for  the  Department  of Safety  for  $1,351.8                 
  showing  a  revenue  of $(1,842.7).    Co-chairs  Pearce and                 
  Frank, Senators Sharp and Kelly signed a "do pass."  Senator                 
  Rieger signed "no recommendation."                                           
                                                                               
  CS FOR HOUSE BILL NO. 231(FIN):                                              
                                                                               
       An Act relating to when previous conduct constituting a                 
       sexual offense may  be used as an aggravating factor at                 
       sentencing.                                                             
                                                                               
  Co-chair  Pearce  announced  that  HB  231  was  before  the                 
  committee.      She   invited   George   Dozier,   aide   to                 
  Representative Kott, sponsor of HB 231.                                      
                                                                               
  GEORGE DOZIER said the Alaska  Sentencing Commission in 1991                 
  recommended adding an aggravator factor into  the law.  In a                 
  report,  it  indicated  that sex  crimes,  because  of their                 
  repetitive nature, constituted  a danger  to the public  and                 
  that   individuals  that   were  incarcerated   after  being                 
  convicted of those types of crimes needed additional time of                 
  incarceration.                                                               
                                                                               
  The legislature did  add this to  the law but one  situation                 
  was omitted and that  was when an individual was  before the                 
  court for presumptive felony sentencing  for sexual abuse of                 
  a minor and that individual  had previously committed sexual                 
  assault against  an adult.   HB  231 covers  that overlooked                 
  provision.                                                                   
                                                                               
  Discussion  was  had  by  Co-chair  Pearce  and  Mr.  Dozier                 
  regarding the fiscal notes.  She  said the committee had not                 
  received a fiscal note from the Department of Corrections.                   
                                                                               
  Jane  Andrene,  Executive   Director,  Council  on  Domestic                 
  Violence and Sexual Assault, testified in support of HB 231.                 
  She said that it made a strong statement that sexual assault                 
  was not acceptable.                                                          
                                                                               
  Senator  Sharp  MOVED  for  passage  of CSHB  231(FIN)  from                 
  committee  with individual  recommendations.   No  objection                 
  being heard, it  was REPORTED  out of committee  with a  "do                 
  pass," and  zero fiscal notes  from the Departments  of Law,                 
  Administration   (OPA,   and   PDA),  Public   Safety,   and                 
  Corrections.  Co-chairs Pearce and Frank, Senators Sharp and                 
  Kelly signed  "do pass."   Senators Rieger and  Jacko signed                 
  "no recommendation."                                                         
                                                                               
  (See minutes of May 5, 1994 for further action on HB 231.)                   
                                                                               
  CS FOR SENATE BILL NO. 378(STA):                                             
                                                                               
                                                                               
       An  Act  relating  to permanent  fund  dividend program                 
       notice requirements, to the ineligibility for dividends                 
       of  individuals convicted  of felonies  or incarcerated                 
       for  misdemeanors,  and  to  the  determination  of the                 
       number and identity of certain ineligible  individuals;                 
       and providing for an effective date.                                    
                                                                               
  Co-chair  Pearce  announced  that  SB  378  was  before  the                 
  committee and asked Co-chair Frank to speak to it.                           
                                                                               
  Co-chair  Frank  said  that  SB  378  was the  same  as  the                 
  amendment that was added to HB 392, Representative Parnell's                 
  bill.  Since there was objection to that amendment, Co-chair                 
  Frank would  prefer to  move this  bill  and not  jeopardize                 
  passage of HB 392.                                                           
                                                                               
  Co-chair  Pearce  noted  that  Thomas  Williams,   Director,                 
  Permanent Fund Dividend Division, Department to Revenue, was                 
  available for questions.                                                     
                                                                               
  Co-chair  Frank  MOVED  for passage  of  CSSB  378(FIN) from                 
  committee with individual  recommendations.  Co-chair  Frank                 
  REMOVED his  motion to  MOVE the  bill  and Co-chair  Pearce                 
  asked Mr. Williams to speak.                                                 
                                                                               
  Mr. Williams said that CSSB 378(STA) needed to be amended to                 
  have two year  funding available for  FY95.  He also  wanted                 
  the committee to  know about  the Department's concern  that                 
  this  legislation  would  reduce   a  number  of   dividends                 
  available  for  attachment by  agencies,  such as  the child                 
  support enforcement agency.                                                  
                                                                               
  Co-chair Frank MOVED amendment 1.  No objection being heard,                 
  amendment 1 was ADOPTED.                                                     
                                                                               
  Co-chair  Frank  MOVED  for passage  of  CSSB  378(FIN) from                 
  committee  with  individual recommendations.    No objection                 
  being heard,  CSSB 378(FIN)  was REPORTED  out of  committee                 
  with a "do pass," and zero  fiscal notes for the Departments                 
  of Corrections, Revenue, and an undetermined fiscal note for                 
  the  Alaska  Court  System.    Co-chairs Pearce  and  Frank,                 
  Senators Kelly, Rieger, and Sharp signed "do pass."                          
                                                                               
  CS FOR HOUSE BILL NO. 498(FIN):                                              
                                                                               
       An Act providing for  exploration incentive credits for                 
       activities  involving  locatable and  leasable minerals                 
       and  coal deposits  on certain land  in the  state; and                 
       providing for an effective date.                                        
                                                                               
  Co-chair  Pearce  announced  that  HB  498  was  before  the                 
  committee.  She also reminded  the committee that amendments                 
  1, 2, and 3 had been adopted, and amendments 4, 5, and 6 had                 
                                                                               
                                                                               
  been held in a previous meeting.                                             
                                                                               
  Co-chair  Pearce  invited  Gerald  L.  Gallagher,  Director,                 
  Division of  Mining, Department of  Natural Resources; Larry                 
  E. Meyers, Director, Income and  Excise Audit, Department of                 
  Revenue; and  Larry LaBolle,  aide  to Representative  Larry                 
  Foster, sponsor of HB 498, to join the members at the table.                 
                                                                               
  Senator  Kelly MOVED  amendment 4.    In answer  to Co-chair                 
  Frank, Mr. Gallagher  said the department  would not have  a                 
  problem  with  amendment  4.    No  objection  being  heard,                 
  amendment 4 was ADOPTED.                                                     
                                                                               
  Senator Kelly  MOVED amendment 5.  No objection being heard,                 
  amendment 5 was  ADOPTED.  Senator Kelly  noted that Senator                 
  Kerttula's amendment 1 would need to fit with amendment 5.                   
                                                                               
  Co-chair Frank MOVED amendment  6.  Mr. Meyers spoke  to the                 
  amendment in regard to the fiscal note.  He agreed  that the                 
  department would  provide a new  fiscal note.   No objection                 
  being heard, amendment 6 was ADOPTED.                                        
                                                                               
  Co-chair Frank MOVED  for passage  of SCSCSHB 498(FIN)  from                 
  committee  with individual  recommendations.   No  objection                 
  being heard, SCSCSHB 498(FIN) was  REPORTED out of committee                 
  with a "do pass," and a zero fiscal note from the Department                 
  of  Revenue.  Co-chairs Pearce and Frank, Senators Kelly and                 
  Sharp  signed  a "do  pass."   Senator  Rieger signed  a "no                 
  recommendation."                                                             
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting was recessed at approximately 3:15 p.m.                          

Document Name Date/Time Subjects