Legislature(1995 - 1996)

02/27/1995 09:05 AM Senate RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                     SENATE RULES COMMITTEE                                    
                       February 27, 1995                                       
                           9:05 a.m.                                           
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Mike Miller, Chair                                                    
 Senator Drue Pearce, Vice Chair                                               
 Senator Jim Duncan                                                            
 Senator Judy Salo                                                             
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Bert Sharp                                                            
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 SENATE CONCURRENT RESOLUTION NO. 8                                            
 Approving the revised open meetings guidelines proposed by the                
 Select Committee on Legislative Ethics.                                       
                                                                               
 SENATE BILL NO. 47                                                            
 "An Act relating to the extent to which the Alaska Public Utilities           
 Commission may exercise its powers when regulating utilities;                 
 establishing a regulatory cost charge on public utilities and                 
 pipeline carriers; relating to the allocation of costs in hearings            
 before the Alaska Public Utilities Commission; relating to the                
 method by which utilities are exempted from and made subject to               
 regulation by the Alaska Public Utilities Commission; relating to             
 the monetary threshold for regulation of certain kinds of utilities           
 by the Alaska Public Utilities Commission; extending the Alaska               
 Public Utilities Commission; relating to staggered terms for                  
 members of the Alaska Public Utilities Commission; and providing              
 for an effective date."                                                       
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SCR 8  No previous action.                                                    
                                                                               
 SB 47  See Labor and Commerce Committee minutes dated 2/2/95.                 
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Susie Barnett                                                                 
 Professional Assistant                                                        
 Select Committee on Legislative Ethics                                        
 PO Box 101468                                                                 
 Anchorage, AK  99501-1468                                                     
  POSITION STATEMENT :  Available to answer questions.                         
                                                                               
 Joe Donahue                                                                   
 Chairman                                                                      
 Select Committee on Legislative Ethics                                        
 P.O. Box 101468                                                               
 Anchorage, AK  99501-1468                                                     
  POSITION STATEMENT:   Available to answer questions.                         
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 95-2, SIDE A                                                             
 SRLS - 2/27/95                                                                
                                                                               
 SCR  8 APPROVING LEG. OPEN MEETINGS GUIDELINES                              
                                                                               
  CHAIRMAN MILLER  called the Senate Rules Committee meeting to order          
 at 9:05 a.m.  He opened the meeting with a public hearing on SCR 8.           
 He announced Susie Barnett was on teleconference from Anchorage,              
 and Joe Donahue would be testifying via teleconference from Kenai.            
                                                                               
 JOE DONAHUE, Chairman of the Select Committee on Legislative Ethics           
 (SCLE), testified in support of SCR 8.  He stated SCR 8 is the                
 result of an 18-month process working with open meetings                      
 guidelines, and although SCR 8 may not represent the perfect set of           
 guidelines for all members of the Legislature, it adequately                  
 represents the principles of open meetings in terms of public                 
 awareness and notice, while allowing legislators to get their work            
 done.                                                                         
                                                                               
 SENATOR SALO asked for clarification on the provision that allows             
 any 3 legislators to meet in private unless they compose a quorum             
 of a standing or special committee, or subcommittee.  She                     
 questioned how interactions during functions such as receptions, or           
 dinner, would fit.  MR. DONAHUE replied incidental situations were            
 discussed, as well as situations where legislators were at a                  
 function called by someone else.  The SCLE decided all of those               
 situations would be acceptable as long as the 3 members that                  
 constitute the quorum are not discussing the committee's business.            
 He commented that could cover anything from bowling together to               
 attending a panel discussion held by the Alaska Visitors                      
 Association (AVA).                                                            
                                                                               
 Number 070                                                                    
                                                                               
 SENATOR MILLER described a scenario in which 10 legislators may be            
 attending an AVA panel discussion, and several of the 10                      
 legislators constituted a quorum of the Finance Committee.  He                
 inquired how one of the Finance Committee members might respond to            
 a question from the AVA about its budget.  MR. DONAHUE stated he              
 would guess if the individual member wanted to comment to the AVA             
 on his/her thoughts or opinions, that would be appropriate,                   
 however, if the Finance Committee members discussed the issue or              
 arrived at a conclusion, that activity would be inappropriate.                
 SENATOR MILLER felt that is a gray area.                                      
                                                                               
 Number 100                                                                    
                                                                               
 MR. DONAHUE commented that many of those meetings would be public,            
 therefore it would not be a problem.  SENATOR MILLER referred to              
 the SCLE' desire to change the notice for first time bill hearings            
 to be announced the previous Wednesday, rather than Thursday.  He             
 indicated the House has already made that change, and speculated              
 the Senate will follow, but he asked whether the change would apply           
 to the first time a bill is heard in any committee, or just the               
 first committee of referral.  MR. DONAHUE explained the 5-day                 
 notice would refer to each committee of referral.                             
                                                                               
 Number 138                                                                    
                                                                               
 SENATOR MILLER discussed the law that passed last year which                  
 requires the Legislature to accept or reject the guidelines by the            
 45th day and asked what would happen if only part of the guidelines           
 were accepted.  The Rules Committee requested an opinion from the             
 Division of Legal Services and they determined the Legislature                
 could do that since the law was basically silent on that point.  He           
 asked if the SCLE would go back and review the guidelines that had            
 been rejected, and submit new guidelines in the next 60 days.  MR.            
 DONAHUE replied the SCLE would review and resubmit the guidelines             
 if directed by the Legislature.  He noted the SCLE would be                   
 concerned, however, that since the guidelines were designed as a              
 total unit, changing one provision may affect others.                         
                                                                               
 Number 175                                                                    
                                                                               
 SENATOR SALO referred to the provision in the revised guidelines              
 that requires notice of House and Senate sessions be posted the               
 preceding day.  She asked if the SCLE had discussed joint sessions            
 specifically.  MR. DONAHUE stated he believed the Committee had               
 assumed joint sessions would be covered under this provision.  He             
 recalled stating the opinion that "no notice is not reasonable                
 notice" during the discussion.                                                
                                                                               
 SENATOR PEARCE moved SCR 8 out of committee with individual                   
 recommendations and that it be approved for calendaring.  With no             
 objection, so ordered.                                                        
                                                                               
 Number 213                                                                    
 SRLS - 2/27/95                                                                
                                                                               
       SB  47 APUC EXTENSION AND REGULATORY COST CHARGE                       
                                                                              
                                                                               
 SENATOR MILLER stated the final item on the agenda was SB 47.                 
 There being no discussion, SENATOR PEARCE moved SB 47 be approved             
 for calendaring.  There being no ojection, so ordered.                        
                                                                               
 There being no further business before the committee, SENATOR                 
 MILLER adjourned the meeting at 9:13 a.m.                                     
                                                                               

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