Legislature(1993 - 1994)

03/30/1994 01:48 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE JUDICIARY COMMITTEE                                  
                         March 30, 1994                                        
                           1:48 p.m.                                           
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Robin Taylor, Chairman                                                
 Senator Rick Halford, Vice-Chairman                                           
 Senator George Jacko                                                          
 Senator Dave Donley                                                           
 Senator Suzanne Little                                                        
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 HOUSE CONCURRENT RESOLUTION NO. 29 am                                         
 Relating to the military operations areas environmental impact                
 statement of the United States Air Force.                                     
                                                                               
 SENATE BILL NO. 213                                                           
 "An Act extending the Alaska Public Utilities Commission and the              
 regulatory cost charge."                                                      
                                                                               
 SENATE BILL NO. 228                                                           
 "An Act relating to bail after conviction for various felonies if             
 the defendant has certain previous felony convictions."                       
                                                                               
 SENATE JOINT RESOLUTION NO. 8                                                 
 Proposing amendments to the Constitution of the State of Alaska               
 relating to capital projects and loan appropriations, and to the              
 expenditure limit.                                                            
                                                                               
 SENATE BILL NO. 280                                                           
 "An Act establishing the Afognak Island State Park."                          
                                                                               
 CS FOR HOUSE BILL NO. 254(JUD) am(ct rule fld)                                
 "An Act relating to open meetings of governmental bodies."                    
                                                                               
 SENATE BILL NO. 292                                                           
 "An Act relating to transfers of prisoners under the Interstate               
 Corrections Compact."                                                         
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 HCR 29 - See State Affairs minutes dated 3/9/94 and 3/11/94.                  
                                                                               
 SB 213 - See Labor & Commerce minutes dated 9/28/93, 2/8/94,                  
          2/24/94, 3/10/94 and 3/15/94.                                        
 SB 228 - No previous action to record.                                        
                                                                               
                                                                               
 SJR 8 - See State Affairs minutes dated 1/27/93.  See                         
         Judiciary minutes dated 2/15/93, 2/19/93, 2/22/93,                    
          2/22/93, 3/28/94.                                                    
                                                                               
 SB 280 - See State Affairs minutes dated 3/2/94.  See Resources               
          minutes dated 3/14/94.                                               
                                                                               
 HB 254 - See Judiciary minutes dated 3/9/94, 3/16/94, 3/21/94,                
          3/28/94.                                                             
                                                                               
 SB 292 - See Judiciary minutes dated 3/23/94.                                 
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Walt Wilcox, Staff to Representative Jeannette James                          
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Offered information on HCR 29 am                       
                                                                               
 Josh Fink, Aide to Senate Labor & Commerce Committee                          
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Offered information on CSSB 213(L&C)                   
                                                                               
 Dave Hutchens, Executive Director                                             
 Alaska Rural Electric Cooperative Association                                 
 703 West Tudor Road, #200                                                     
 Anchorage, AK 99503                                                           
  POSITION STATEMENT:   Testified on CSSB 213(L&C)                             
                                                                               
 Don Schroer, Chairman                                                         
 Alaska Public Utilities Commission                                            
 1016 W. 6th, Suite 400                                                        
 Anchorage, AK 99504-1963                                                      
  POSITION STATEMENT:   Testified on CSSB 213(L&C)                             
                                                                               
 Senator Judy Salo                                                             
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Prime Sponsor of SB 228                                
                                                                               
 Craig Tillery, Assistant Attorney General                                     
 Department of Law                                                             
 1031 W. 4th, Suite 200                                                        
 Anchorage, AK 99501-1994                                                      
  POSITION STATEMENT:   Testified in support of SB 280                         
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-28, SIDE A                                                            
 Number 001                                                                    
 S/JUD - 3/30/94                                                               
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 1:48 p.m.  He brought  HCR 29 am  (COMMEND AIR FORCE: ENVIR     R    
 IMPACT STATEMENT) before the committee as the first order of                  
 business.                                                                     
                                                                               
 WALT WILCOX, staff to Representative Jeannette James, explained the           
 resolution shows support for the military in Alaska and further               
 demonstrates appreciation of their policy of involving and                    
 informing the public of military activities.  Specifically, it                
 thanks the military for involving the public in the preparation of            
 an environmental impact statement.                                            
                                                                               
 Number 030                                                                    
                                                                               
 SENATOR TAYLOR directed attention to an amendment to page 2, line             
 3, adding the phrase "endorses the proposal of the United State Air           
 Force and."  Mr. Wilcox stated that Representative James endorses             
 the amendment.                                                                
                                                                               
 Number 050                                                                    
                                                                               
 SENATOR JACKO asked for an explanation of the issue of                        
 environmental concern for the air space.  MR. WILCOX related that             
 military has an experimental area up toward Fort Yukon all the way            
 down to Talkeetna where they are overflying experimental aircraft             
 and doing bombing test missions.  They have involved the public for           
 input into what they are doing as far as noise levels and the                 
 impact on the various communities within the area.                            
                                                                               
 Number 095                                                                    
                                                                               
 SENATOR JACKO moved the adoption of the following amendment:                  
                                                                               
                                                                               
 Page 2, line 3:  After "Legislature" insert "endorses the proposal            
                 of the United States Air Force and"                           
                                                                               
 SENATOR LITTLE objected.  There was debate among committee members            
 on whether inserting the word "endorses" means that the Legislature           
 would be endorsing the proposal or whether it would be endorsing              
 the environmental impact statement.  Senator Little maintained her            
 objection, and a roll call vote was taken with the following                  
 result:  Senators Taylor, Jacko voted "Yea" and Senators Donley and           
 Little voted "Nay."  The Chairman stated the motion failed.                   
                                                                               
 Number 224                                                                    
                                                                               
 SENATOR TAYLOR asked for the pleasure of the committee.                       
 SENATOR JACKO moved that HCR 29 am be passed out of committee with            
 individual recommendations.  Hearing no objection, it was so                  
 ordered.                                                                      
 Number 230                                                                    
 S/JUD - 3/30/94                                                               
 SENATOR TAYLOR brought  SB 213  (APUC EXTENSION AND REGULATORY COST           
 CHARGE) before the committee as the next order of business.                   
                                                                               
 JOSH FINK, aide to the Senate Labor & Commerce Committee, addressed           
 changes made to the original bill in the Labor & Commerce CS.                 
                                                                               
 In Section 1, the maximum ceiling on the regulatory cost charge was           
 raised from .61 percent of gross revenues to .8.  The change in               
 Section 1 was necessitated by the change in Section 2.                        
                                                                               
 In Section 2, the cost of power is deleted from electric utilities'           
 gross revenues prior to the application of the regulatory cost                
 charge.  Mr. Fink explained that according to the auditor the                 
 percent workload committed to electric utilities is about 34                  
 percent.  At the time the audit was done, the RCC was at 5.77                 
 percent.  The auditor asserted that $192,000 was over collected               
 from electric utilities, that they were being over collected from             
 and there needed to be an adjustment made.                                    
                                                                               
 Speaking to Section 3, Mr. Fink explained that currently with the             
 regulatory cost there are four quarters that the charges are                  
 submitted by the utilities to the Commission.  The fourth quarter             
 charges come in after the beginning of the new fiscal year, so if             
 the Commission has overcharged on the regulatory cost charge, that            
 money should count against the following year's cost, but instead             
 it has been lapsing into the general fund.  The auditor recommended           
 that the Department of Administration be allowed to earmark that              
 money so that the Legislature can reappropriate in the next fiscal            
 year which will reduce the regulatory cost charge.                            
                                                                               
 Number 308                                                                    
                                                                               
 SENATOR DONLEY asked if the audit report included any other                   
 utilities.  MR. FINK acknowledged that it did, however, the                   
 electric utilities were particularly concerned about the over                 
 collections so the committee felt that should be addressed, but the           
 other utilities did not bring forward any concerns.                           
                                                                               
 Number 370                                                                    
                                                                               
 Addressing Section 4, MR. FINK pointed out that currently, if a               
 regulated utility wants to opt out and 10 percent of the first                
 5,000 and 3 percent after the first 5,000 subscribers sign a                  
 petition, an election will be held.  To opt in to become a                    
 regulated utility, 25 percent of the subscribers must sign a                  
 petition to get an election.  The auditor recommended the opt in              
 and opt out procedures be the same, and the change in Section 4               
 accomplishes that recommendation.                                             
                                                                               
 Section 5 increases the threshold of gross revenues for an electric           
 or telephone utility before a utility needs to be regulated by                
 changing the amount from $325,000 to $500,000.  This was also a               
 change recommended by the auditor, so that small utilities are not            
 as closely regulated as large utilities.                                      
                                                                               
 Section 6 increases the threshold of gross revenues for other                 
 utilities from $100,000 to $150,000 before they need to be                    
 regulated.                                                                    
                                                                               
 Section 7 increases the threshold of gross revenues for refuse                
 collection utilities from $200,000 to $300,000.  It also applies              
 the same opt in standards provided in Section 4.                              
                                                                               
 Section 8 makes it easier for the consumers to get an election for            
 cable by changing it from 25 percent of the subscribers to 10                 
 percent of the subscribers.                                                   
                                                                               
 Section 9 is a technical conforming section.                                  
                                                                               
 Section 10 raises the regulatory cost charge for pipeline carriers            
 from .61 percent to .8 percent for the same rationale that applies            
 to Section 1.                                                                 
                                                                               
 Section 11 identifies over collection from the pipeline carrier's             
 regulatory cost charge so that it may be applied to the next year             
 to reduce the regulatory cost charge.                                         
                                                                               
 Section 12 is an extension of the Alaska Public Utilities                     
 Commission from June 30, 1994, to June 30, 1998.                              
                                                                               
 Section 13 repeals the sunset of the regulatory cost charges, the             
 rationale being that when the Commission is under sunset review,              
 the regulatory cost charge can be addressed at that time.  When the           
 regulatory cost charge was passed it set a sunset date of December            
 31, 1994, exclusive of the APUC sunset.                                       
                                                                               
 Section 14 staggers the terms of the members of the Alaska Public             
 Utilities Commission.  Currently, two members of the commission               
 terms expire on the same year.  The section was drafted so that it            
 won't affect any current sitting members, but will apply to the               
 next round of appointments.  Right now, one of the consumer seats             
 and one of the engineering seats expire at the same time.                     
                                                                               
 Number 505                                                                    
                                                                               
 DAVE HUTCHENS, Executive Director, Alaska Rural Electric                      
 Cooperative Association, stated that there were issues related to             
 the legislation that he wanted to address.                                    
                                                                               
 The first issue is whether or not the APUC should be extended, and            
 ARECA's view is  that should be. APUC was created with the charge             
 of separating out the service areas and to protect the consumer               
 interest.                                                                     
                                                                               
 The second issue relates to the section in the committee substitute           
 which relates to the regulatory cost charge formula.  He said the             
 at the present time, the regulatory cost charge is based on a flat            
 charge per revenue, and the workload and the revenue requirements             
 from RCC don't match very well.  The change to the formula was                
 recommended by ARECA.  He directed attention to and reviewed a                
 handout containing a summary of the changes that would result from            
 changing the RCC.                                                             
                                                                               
 TAPE 94-28, SIDE B                                                            
 Number 010                                                                    
                                                                               
 The third issue relates to Section 1 of the proposed Judiciary CS,            
 which would eliminate the phrase "liberally construed" from the               
 present APUC statute and replace it with the directive that their             
 statutes be "those specifically conferred by statute or necessarily           
 implied by a statutory grant of authority."   ARECA believes that             
 it important that the powers of the Commission be those that the              
 Legislature determines them to be; that the Commission should not             
 be able to expand their authority by interpretation and by                    
 liberally construing their powers.  Mr. Hutchens emphasized that              
 ARECA does not have a problem with the present Commission, but they           
 see this as preventative maintenance to keep from having problems             
 in the future.  Also, he suggested an effective date be added                 
 making Section 1 effective July 1, l995, which would give the                 
 Commission time to come back to the Legislature with a list of  the           
 things that they don't have clear statutory authority to do, but              
 that they are now doing.  The items on that list that the                     
 Legislature agrees with could be enacted next year before this                
 would go into effect.                                                         
                                                                               
 Number 055                                                                    
                                                                               
 DON SCHROER, Chairman, Alaska Public Utilities Commission, stated             
 that aside from the "liberally construed" section, the Commission             
 doesn't have any large objections to the bill.                                
                                                                               
 Number 063                                                                    
                                                                               
 SENATOR TAYLOR asked Mr. Schroer, for the record, except for                  
 Section 1, did APUC agree with the housekeeping measures contained            
 in the committee substitute, and MR. SCHROER acknowledged that they           
 do.                                                                           
                                                                               
 MR. SCHROER said the APUC has no quarrel whether they are financed            
 by RCC or under the general fund.  Their goal is to keep it as                
 simple as possible. They have it working now, and they have done so           
 without asking for additional funding.                                        
                                                                               
 Number 086                                                                    
                                                                               
 MR. SCHROER requested that the following statement on the                     
 "liberally construed" language be included as part of the record:             
                                                                               
 "HB 213 would extend the Alaska Public Utilities Commission and the           
 Regulatory Cost Charge that funds it until 1998.  An amendment may            
 be proposed to delete the phrase "liberally construed" from he                
 Commission's enabling statute.  The Commission opposes this                   
 amendment."                                                                   
                                                                               
 "Routinely the Commission allows interim rates to go into effect              
 without requiring the utility to escrow funds or pose a bond under            
 AS 42.05.421(c).  It does this by making rates interim refundable,            
 which again benefits the utility.  The authority for this is                  
 "liberally construed."                                                        
                                                                               
 "The courts have not used the term "liberally construed" very often           
 (only eight times).  Where they have, it has been to the benefit of           
 utilities in half of the cases."                                              
                                                                               
 "The Commission itself has only discussed the issue of "liberally             
 construed" nine times in 25 years.  In at least three of these                
 cases, the Commission acted to allow the intention of the utility             
 or applicant for a certificate to be accomplished by waiving                  
 technical irregularities.  In another, the Commission found that it           
 did not have statutory authority to recognize a doctrine of                   
 "retained rights" requested by a telephone utility under statute,             
 despite "liberally construed."                                                
                                                                               
 "Often the Commission has granted "temporary operating authority"             
 to a utility while its application for a certificate is pending               
 Both the customers and the utility benefit, but the authority for             
 temporary certificates is not explicit.  It comes from "liberally             
 construed."                                                                   
                                                                               
 "Many utilities face increased competition as the result of changes           
 in technology and federal law.  The Commission needs the                      
 flexibility that "liberally construed" provides to allow existing             
 utilities to compete on an equal footing."                                    
                                                                               
 "Regulatory statutes are generally drafted broadly.  Legislators              
 cannot foresee every problem that will arise in administering a               
 statute and the liberally construed language gives regulators the             
 flexibility to resolve these problems.   The Legislature sets the             
 goals and the policies, leaving the implementation of the program             
 to the commission.  The budget process and the sunset review                  
 process provide plenty of room for legislative oversight."                    
 "Justice Frankfurter recognized that administrative agencies were             
 created to perform a task, which neither courts nor legislatures              
 could accomplish, to regulate the practices of industries in a                
 rapidly changing world.  The same considerations that led to the              
 creation of the Public Utilities Commission led the Legislature to            
 authorize their implied powers to be liberally construed."                    
                                                                               
 "Deletion of this phrase would lead to strict construction of                 
 implied powers.  This means that legislation would be required                
 whenever a court finds a gap in an agency's power.  This forces the           
 Legislature back into the regulatory role that they sought to                 
 escape by creating the Commission in the first place.  Removing               
 "liberally construed" from the Commission's powers and duties                 
 section would have impacts well beyond statutory construction in              
 the courts."                                                                  
                                                                               
 Number 090                                                                    
                                                                               
 Mr. Schroer recommended that if the "liberally construed" language            
 is removed from the bill that other changes be made in the statute.           
 If that language is removed, the Commission will not be able to               
 give any temporary operating authority as they have done in the               
 past.  Also, when a utility asks for a rate increase, the APUC                
 makes them in term refundable.  The law provides for them to be in            
 term, but then the utility must put up a bond or set up an escrow.            
 The Commission liberally construes that's not necessary.                      
                                                                               
 Mr Schroer stated he doesn't believe that any utility has ever                
 suffered because of the "liberally construed" language, and he                
 doesn't see any reason to change it when there hasn't been any                
 problem with it.                                                              
                                                                               
 Number 150                                                                    
                                                                               
 SENATOR TAYLOR asked if there was a motion to adopt the Judiciary             
 CS.                                                                           
                                                                               
 SENATOR HALFORD moved that CSSB 213(JUD) be adopted.  SENATOR                 
 DONLEY objected and asked that the differences in the committee               
 substitute be outlined.                                                       
                                                                               
 Number 180                                                                    
                                                                               
 There was discussion on adding an effective date to the                       
 legislation, as well as discussion on the section relating to                 
 staggered terms.                                                              
                                                                               
 Number 235                                                                    
                                                                               
 SENATOR DONLEY maintained his objection to the adoption of CSSB
 213(JUD) stating he agrees with Mr. Schroer that the APUC needs the           
 "liberally construed" authority.  SENATOR HALFORD suggested adding            
 the one-year delayed effective date so that APUC could come back              
 with a proposal.  The Chairman called for a roll call vote on the             
 motion to adopt the committee substitute:  Senators Halford, Jacko            
 and Taylor voted "Yea" and Senators Little and Donley voted "Nay."            
 The Chairman stated the motion carried.                                       
                                                                               
 Number 285                                                                    
                                                                               
 SENATOR Taylor moved that an effective date of July 1, 1994 be                
 added to the committee substitute.  Hearing no objection, the                 
 amendment was adopted.                                                        
                                                                               
 Number 306                                                                    
                                                                               
 SENATOR DONLEY moved that Section 1 of the committee substitute be            
 deleted.  SENATOR HALFORD objected.  The roll was taken with the              
 following result:  Senator Donley voted "Yea" and Senators Jacko,             
 Little, Taylor and Halford voted "Nay."  The Chairman stated the              
 motion failed.                                                                
                                                                               
 Number 335                                                                    
                                                                               
 SENATOR HALFORD moved that an effective date for Section 1 of July            
 1, 1995 be added.  Hearing no objection, the Chairman stated the              
 amendment was adopted.                                                        
                                                                               
 Number 372                                                                    
                                                                               
 SENATOR DONLEY proposed a conceptual amendment to set out a                   
 separate section for cable television regulation that would                   
 automatically put cable television under the APUC except if they              
 follow the opt-out procedure.  SENATOR HALFORD voiced his concern             
 with regulating cable television and what the cost of it would be.            
 The committee then discussed a conceptual amendment that would take           
 away cable television's monopoly.  SENATOR TAYLOR stated the                  
 conceptual amendment was to remove from regulation cable                      
 television, which would remove from the authority of the APUC the             
 opportunity to regulate the geographic area, or the basic package,            
 or entry.  SENATOR DONLEY questioned how this would affect FCC                
 requirements.  SENATOR TAYLOR directed staff to request a legal               
 opinion as well as draft language on the conceptual amendment.                
                                                                               
 Number 540                                                                    
                                                                               
 SENATOR DONLEY said he wanted to propose a conceptual amendment to            
 delete the portions of the bill that create a dichotomy between               
 electrical utilities and other utilities.  He then moved to delete            
 Sections 2, 3 & 11 of the draft committee substitute.  SENATOR                
 JACKO objected.  The roll was taken with the following result:                
 Senator Donley voted "Yea" and Senators Jacko, Little, Taylor and             
 Halford voted "Nay."  The Chairman stated the motion failed.                  
                                                                               
 There being no further amendments to the bill, SENATOR TAYLOR                 
 stated SB 213 would be held to get a response back on the question            
 of cable television, as well as additional drafting to the                    
 committee substitute.                                                         
 TAPE 94-29, SIDE A                                                            
 Number 001                                                                    
 S/JUD - 3/30/94                                                               
 SENATOR TAYLOR brought  SB 228  (NO BAIL FOR FELONS W/PREVIOUS                
 CONVICTIONS) before the committee as the next order of business.              
                                                                               
 SENATOR JUDY SALO, prime sponsor of SB 228, spoke to concern in her           
 district about a man with a very long list of violent crime, both             
 in California and Alaska, who was tried, convicted and sentenced              
 for a felony drug conviction and then pending appeal was released             
 on a $5,000 bail.  After being released on bail, he violently                 
 sexually assaulted two more women.  SB 228 would prevent this from            
 happening again.                                                              
                                                                               
 Senator Salo explained that the legislation has two sections.                 
 Section 1 says that this is a matter of substance, not a court                
 change rule change and, therefore, a two-thirds vote is not                   
 required.  Section 2 adds to the list for which bail is already               
 denied sexual assault in the second and third degree, sexual abuse            
 of a minor in the second or third degree, and stalking.  After                
 conviction, pending sentencing, and after sentencing, pending                 
 appeal, bail would not be allowed.                                            
                                                                               
 Number 120                                                                    
                                                                               
 SENATOR LITTLE moved that SB 228 be passed out of committee with              
 individual recommendations.  Hearing no objection, it was so                  
 ordered.                                                                      
 Number 185                                                                    
 S/JUD - 3/30/94                                                               
 SENATOR TAYLOR brought  SB 280  (ESTABLISH AFOGNAK ISLAND STATE PARK)    K)   
 before the committee as the next order of business.  He directed              
 attention to backup material and explained it is the legislation by           
 which the State of Alaska would accept the areas (shaded in yellow            
 on the front of the material) that are being purchased from the               
 Native corporation by the federal government, through the trustees,           
 utilizing funds from the Exxon oil sale.  He also noted there was             
 a draft committee substitute before the committee for its                     
 consideration.                                                                
                                                                               
 CRAIG TILLERY, Assistant Attorney General, Department of Law,                 
 stated he works with the trustee council and was involved in doing            
 the work on the purchase of the land.  He explained the land was              
 acquired by the Exxon Valdez Trustee Council, and it was land that            
 was originally sought by the Department of Interior for inclusion             
 in a nearby national wildlife refuge.  The state trustees on the              
 Trustee Council objected to that, indicating their views that the             
 land had much more in common with nearby Shuyak State Park, and               
 they requested that the state be given the opportunity to acquire             
 the land.  It was agreed that the state would have that                       
 opportunity, that they would have one year from the date of                   
 purchase in order to include the land within a state park.  The               
 purchase was completed on November 23, 1993, and, if the land is to           
 come within state ownership, the Legislature must create the park             
 by November of this year.                                                     
                                                                               
 Mr. Tillery pointed out that SB 280 has received wide support from            
 the Kodiak Island Borough, the City of Kodiak, the Kodiak Chamber             
 of Commerce, a variety of fishing groups, timber groups, etc.                 
                                                                               
 Mr. Tillery said the bill has provisions in it which say that the             
 status as a state park shall not impair uses of owners of land                
 nearby or adjacent to the state park.  He added there is no intent            
 to interfere with valid existing rights which would include the               
 road use agreement.  The bill also contains a mandatory section               
 that requires reasonable access for hunting, fishing, trapping,               
 etc.                                                                          
                                                                               
 Mr. Tillery noted that Senator Taylor had asked that the department           
 look into the issue of the cost this acquisition might have in                
 terms of jobs.  He said the mayor and the people in Kodiak view               
 this as a job enhancer.  The money that was paid to the Native                
 corporation is being put in trust fund for use by the people for              
 the development and sustaining of jobs.                                       
                                                                               
 Number 314                                                                    
                                                                               
 SENATOR LITTLE asked for Mr. Tillery's comments on the proposed               
 committee substitute.  MR. TILLERY said he didn't think the                   
 committee substitute changes any of the legal descriptions or the             
 uses of the land.  He said it deals with a matter not particularly            
 connected with Afognak Island State Park in the sense that it                 
 appears to adopt a no net loss policy for multiple use lands.  He             
 added that it would not invalidate the deal with the state and the            
 Trustee Council.                                                              
                                                                               
 Number 345                                                                    
                                                                               
 SENATOR HALFORD moved that CSSB 280(JUD) be adopted.  SENATOR                 
 LITTLE objected, stating that she disagrees with some of the                  
 findings in the bill, and she disagrees that when designating                 
 additional park land that it requires removing that same amount of            
 acreage from park designation.  SENATOR TAYLOR responded that he              
 didn't know how in good faith to the public we could possibly                 
 accept and create another 44,000 acres of park lands when we can't            
 even manage 18 parks that already have some level of development in           
 them.  He added that if this is precious enough property that we              
 need to go get it, then we should be willing to say to the public             
 that we're going to do something with this one, and we should give            
 up some of the ones that we currently can no longer afford to                 
 maintain.                                                                     
                                                                               
 SENATOR TAYLOR stated there would be roll call vote on Senator                
 Halford's motion to adopt the committee substitute.  The roll was             
 taken with the following result:  Senators Jacko, Taylor, Halford             
 voted "Yea" and Senator Little voted "Nay."  The Chairman stated              
 CSSB 280(JUD) was adopted.                                                    
                                                                               
 Number 385                                                                    
                                                                               
 SENATOR JACKO moved that CSSB 280(JUD) be passed out of committee             
 with individual recommendations.  SENATOR LITTLE objected.  The               
 roll was taken with the following result:  Senators Jacko, Halford            
 and Taylor voted "Yea" and Senator Little voted "Nay."  The                   
 Chairman stated the motion carried.                                           
 Number 410                                                                    
 S/JUD - 3/30/94                                                               
 SENATOR TAYLOR brought  SJR 8  (CAPITAL PROJECTS/EXPENDITURE LIMIT)           
 before the committee as the next order of business.                           
                                                                               
 Kevin Sullivan, staff to the Senate Judiciary Committee, explained            
 the committee substitute incorporates the amendments adopted at the           
 previous hearing on the legislation.  It repeals the existing                 
 appropriation limit in the Alaska Constitution, changes the                   
 effective dates, and changes the inflation rate from 6 percent to             
 3 percent.                                                                    
                                                                               
 SENATOR HALFORD moved that CSSJR 8(JUD) be adopted.  SENATOR JACKO            
 objected.  The roll was taken with the following result:  Senators            
 Little, Halford and Taylor voted "Yea" and Senator Jacko voted                
 "Nay."  The Chairman stated the committee substitute was adopted.             
                                                                               
 SENATOR HALFORD moved that CSSJR 8(JUD) be passed out of committee            
 with individual recommendations.  SENATOR JACKO objected.  The roll           
 was taken with the following result:  Senators Taylor, Halford                
 voted "Yea" and Senators Little and Jacko voted "Nay."  The                   
 Chairman stated the motion to move the legislation out of committee           
 failed.                                                                       
 Number 490                                                                    
 S/JUD - 3/30/94                                                               
 SENATOR TAYLOR brought  CSHB 254(JUD) am(ct rule fld)  (OPEN MEETING     G    
 ACT) before the committee as the next order of business.                      
                                                                               
 SENATOR TAYLOR moved an amendment to delete the Legislature from              
 the Open Meeting Act and to establish a committee to develop                  
 guidelines for the conduct for open meetings adapted to the special           
 needs of the Legislature.  SENATOR JACKO stated his support for the           
 amendment.  Hearing no objection, the amendment was adopted.                  
                                                                               
 There being no further amendments or testimony on HB 254, SENATOR             
 TAYLOR asked for the pleasure of the committee.                               
                                                                               
 SENATOR HALFORD moved that SCS CSHB 254(JUD), as amended, (Draft              
 8\LS0859\T) be adopted.  Hearing no objection, the motion carried.            
                                                                               
 SENATOR JACKO moved that SCS CSHB 254(JUD), as amended, be passed             
 out of committee with individual recommendations.  Hearing no                 
 objection, it was so ordered.                                                 
 Number 525                                                                    
 S/JUD - 3/30/94                                                               
 SENATOR TAYLOR brought  SB 292  (INTERSTATE TRANSFERS OF INMATES)             
 before the committee as the final order of business.  He said                 
 Senator Frank has requested that action be taken on the bill, which           
 had a previous hearing by the committee on March 23.                          
                                                                               
 TAPE 92-29, SIDE B                                                            
 Number 002                                                                    
                                                                               
 There being no testimony on SB 292, SENATOR TAYLOR asked for the              
 pleasure of the committee.                                                    
                                                                               
 SENATOR JACKO moved that SB 292 be passed out of committee with               
 individual recommendations.  Hearing no objection, it was so                  
 ordered.                                                                      
 There being no further business to come before the committee, the             
 meeting was adjourned at 4:15 p.m.                                            
                                                                               
                                                                               

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