Legislature(1995 - 1996)
04/30/1995 05:42 PM Senate RLS
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+ teleconferenced
= bill was previously heard/scheduled
SENATE RULES COMMITTEE
April 30, 1995
5:42 p.m.
MEMBERS PRESENT
Senator Mike Miller, Chair
Senator Drue Pearce, Vice Chair
Senator Bert Sharp
Senator Jim Duncan
Senator Judy Salo
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE CONCURRENT RESOLUTION NO. 13
Recognizing the women who have served Alaska as state or
territorial legislators and celebrating 100 years of women serving
as state legislators.
SENATE CONCURRENT RESOLUTION NO. 18
Honoring the military veterans of World War II and commemorating
the 50th anniversary of the end of World War II.
SENATE JOINT RESOLUTION NO. 22
Requesting research on fisheries and marine mammals in the Bering
Sea.
SENATE BILL NO. 18
"An Act relating to an advisory vote during regional educational
attendance area school board elections; and providing for an
effective date."
SENATE BILL NO. 166
"An Act relating to the date by which a borough school board is
required to submit a school budget to the borough assembly and the
date by which the borough assembly is required to appropriate money
from local sources for public schools; and providing for an
effective date."
CS FOR HOUSE BILL NO. 13(STA)
"An Act requiring persons filing for nomination for, or campaigning
for election for, state elective office, persons authorized to make
or incur political campaign expenditures before formally filing for
nomination to state elective office, and groups acting on behalf of
any of these, to file certain election campaign finance disclosure
reports."
CS FOR HOUSE BILL NO. 39(JUD)
"An Act relating to the authority of mobile intensive care
paramedics, physician assistants, and emergency medical technicians
to pronounce death under certain circumstances."
SENATE BILL NO. 105
"An Act relating to a requirement that a parent, guardian, or
custodian consent before a minor receives an abortion; establishing
a judicial bypass procedure by which a minor may petition a court
for authorization to consent to an abortion without consent of a
parent, guardian, or custodian; amending the definition of
`abortion'; and amending Alaska Rules of Civil Procedure 40, 53,
and 79; Alaska Rules of Appellate Procedure 204, 210, 212, 213,
508, and 512.5; and Alaska Administrative Rule 9."
SENATE BILL NO. 54
"An Act relating to exclusive service areas for utilities
certificated to provide electric utility service and to the
definition of 'general public' for utilities furnishing electric
service."
SENATE BILL NO. 130
"An Act relating to marine pilots and the Board of Marine Pilots;
extending the termination date of the Board of Marine Pilots; and
providing for an effective date."
SENATE BILL NO. 172
"An Act eliminating 'monte carlo' nights as an authorized form of
charitable gaming; and providing for an effective date."
SENATE CONCURRENT RESOLUTION NO. 19
Establishing the Blue Ribbon Commission on Gaming and Gambling and
relating to commission recommendations regarding gaming and
gambling in the state.
PREVIOUS SENATE COMMITTEE ACTION
SCR 13 - See Community & Regional Affairs minutes dated 4/28/95.
SCR 18 - State Affairs referral waived 4/29/95.
Rules minutes 4/30/95.
SJR 22 - See Resources minutes dated 4/26/95 and 4/28/95.
SB 18 - See Health, Education & Social Services minutes dated
4/26/95.
Community & Regional Affairs referral waived 4/27/95.
Finance report 4/29/95.
SB 166 - See Community & Regional Affairs minutes
dated 4/28/95.
HB 13 - See State Affairs minutes dated 4/25/95.
Judiciary minutes 4/29/95.
HB 39 - See Health, Education & Social Services minutes dated
3/6/95.
Judiciary minutes dated 4/29/95.
SB 105 - See Health, Education & Social Services minutes dated
3/20/95 and 3/22/95.
See Judiciary minutes dated 4/10/95 and 4/12/95.
SB 54 - See State Affairs minutes dated 2/14/95 and 3/9/95 and
Labor and Commerce minutes dated 3/21/95.
Finance report 4/18/95.
SB 130 - See Resources minutes dated 3/20/95 and 4/12/95. See
Resources Subcommittee minutes dated 3/23/95 and 4/6/95.
See Resources Committee minutes dated 4/19/95.
Finance report 4/30/95.
SB 172 - Finance report 4/30/95.
SCR 19 - Finance report 4/30/95.
WITNESS REGISTER
Gail Horetski, Assistant Attorney General
Commercial Section
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
ACTION NARRATIVE
TAPE 95-7, SIDE A
CHAIRMAN MILLER called the Senate Rules Committee meeting to order
at 5:42 p.m.
CHAIRMAN MILLER brought SCR 13 (100TH YEAR OF WOMEN IN STATE
LEGISLATURES) before the committee. Hearing no discussion, he
asked for the pleasure of the committee.
SENATOR PEARCE moved and asked unanimous consent that SCR 13 be
approved for calendaring. Hearing no objection, it was so ordered.
CHAIRMAN MILLER brought SCR 18 (ANNIVERSARY OF END OF WORLD WAR II)
before the committee. Hearing no discussion, he asked for the
pleasure of the committee.
SENATOR PEARCE moved and asked unanimous consent that SCR 18 be
approved for calendaring. Hearing no objection, it was so ordered.
CHAIRMAN MILLER brought SJR 22 (FISH & MARINE MAMMAL RESEARCH
BERING SEA) before the committee. Hearing no discussion, he asked
for the pleasure of the committee.
SENATOR DUNCAN moved and asked unanimous consent that SJR 22 be
approved for calendaring. Hearing no objection, it was so ordered.
CHAIRMAN MILLER brought SB 18 (REAA ADVISORY VOTES) before the
committee. Hearing no discussion, he asked for the pleasure of the
committee.
SENATOR DUNCAN moved and asked unanimous consent that SB 18 be
approved for calendaring. Hearing no objection, it was so ordered.
CHAIRMAN MILLER brought SB 166 (BUDGET DEADLINE FOR BOROUGH SCHOOL
BOARD) before the committee. Hearing no discussion, he asked for
the pleasure of the committee.
SENATOR PEARCE moved and asked unanimous consent that SB 166 be
approved for calendaring. Hearing no objection, it was so ordered.
CHAIRMAN MILLER brought CSHB 13(STA) (CAMPAIGN FILINGS &
DISCLOSURES) before the committee. Hearing no discussion, he asked
for the pleasure of the committee.
SENATOR SHARP moved and asked unanimous consent that CSHB 13(STA)
be approved for calendaring. Hearing no objection, it was so
ordered.
CHAIRMAN MILLER brought CSHB 39(JUD) (AUTHORITY TO PRONOUNCE DEATH)
before the committee. Hearing no discussion, he asked for the
pleasure of the committee.
SENATOR PEARCE moved and asked unanimous consent that CSHB 39(JUD)
be approved for calendaring. Hearing no objection, it was so
ordered.
CHAIRMAN MILLER brought SB 105 (PARENTAL CONSENT BEFORE MINOR'S
ABORTION) before the committee. Hearing no discussion, he asked
for the pleasure of the committee.
SENATOR SHARP moved and asked unanimous consent that SB 105 be
approved for calendaring. SENATOR SALO objected. The roll was
taken with the following result: Senators Pearce, Sharp and Miller
voted "Yea" and Senators Duncan and Salo voted "Nay." The Chairman
stated motion carried.
CHAIRMAN MILLER brought SB 54 (ELECTRIC UTIL & SOLID WASTE REMOVAL)
before the committee.
SENATOR PEARCE stated her objection to the Finance CS, but said she
would not oppose a calendaring motion on the bill.
SENATOR SHARP moved and asked unanimous consent that SB 54 be
approved for calendaring. Hearing no objection, it was so ordered.
CHAIRMAN MILLER stated SB 130 (MARINE PILOTS) would be held until
later in the meeting to await an opinion requested from the
Division of Legal Services.
CHAIRMAN MILLER brought SB 172 (ELIMINATE MONTE CARLO NIGHTS)
before the committee. Hearing no discussion, he asked for the
pleasure of the committee.
SENATOR PEARCE moved and asked unanimous consent that SB 172 be
approved for calendaring. SENATOR DUNCAN objected. The roll was
taken with the following result: Senators Sharp, Pearce and Miller
voted "Yea" and Senators Salo and Duncan voted "Nay." The Chairman
stated the motion carried.
CHAIRMAN MILLER brought SCR 19 (BLUE RIBBON COMMISSION ON GAMING)
before the committee. Hearing no discussion, he asked for the
pleasure of the committee.
SENATOR PEARCE moved and asked unanimous consent that SCR 19 be
approved for calendaring. Hearing no objection, it was so ordered.
CHAIRMAN MILLER brought SB 130 (MARINE PILOTS) back before the
committee.
SENATOR PEARCE clarified that the reason an opinion was requested
was because the Finance Committee had added a minority amendment
that is most likely unconstitutional.
GAIL HORETSKI, an assistant attorney general in the Civil Division
of the Department of Law, stated the Department of Commerce and the
Department of Law view SB 130 as a very important piece of
legislation, because the Board of Marine Pilots, which regulates
the industry of marine pilots in the state and licenses the pilots,
sunsetted in 1994 and is now in its wind-down year.
Section 1 of the legislation extends the board to 1999, which, she
said, is absolutely crucial during this legislative session. The
remainder of the bill contains a variety of technical amendments
that were proposed by the Department of Commerce and the Department
of Law in an attempt to clear up ambiguities in the existing Marine
Pilot Act, which was substantially amended in 1991, and cut down on
the level of litigation that has plagued the board.
Ms. Horetski informed the committee that in the last two to three
days the Department of Commerce, the Department of Law, the
industry and marine pilots have had substantial discussions on this
issue to hammer out the committee substitute that appeared before
the Finance Committee. She said the bill contains a hard fought
compromise among all parties that provides that all pilot
associations in the state can set their own rates for vessel
movements.
Ms. Horetski explained that the language which appears as Section
9 in the Finance CS was added as a conceptual amendment by Senator
Donley. In addition to the prohibition against being licensed in
more than one region at a time, it provides that a pilot license
under this chapter may not hold a marine license issued in another
state or country. If there are present marine pilots that hold a
license in Alaska and they choose to renew that license, but they
hold a marine license issued by another state, they must choose
either to give up their license in the other state or to give up
their Alaska license. The department has serious concerns with
Section 9 and its due process implications, equal protection
implications, etc.
CHAIRMAN MILLER asked Ms. Horetski if she was aware of any other
professions in the state of Alaska that require giving up a license
in another state before being licensed in Alaska. GAIL HORETSKI
responded that she was not aware of any.
SENATOR DUNCAN asked if Ms. Horetski was suggesting that Section 9
should be eliminated, and she responded that she was.
CHAIRMAN MILLER stated if would entertain a motion on Section 9.
SENATOR PEARCE moved that a Rules CS be drafted which eliminates
Section 9. Hearing no objection, it was so ordered.
SENATOR PEARCE moved and asked unanimous that CSSB 130(RLS) be
approved for calendaring. Hearing no objection, it was so ordered.
There being no further business to come before the committee, the
meeting was adjourned at 6:02 p.m.
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