Legislature(2001 - 2002)
04/22/2002 09:40 AM Senate RLS
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* first hearing in first committee of referral
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ALASKA STATE LEGISLATURE
SENATE RULES COMMITTEE
April 22, 2002
9:40 a.m.
MEMBERS PRESENT
Senator Randy Phillips, Chair
Senator John Cowdery, Vice Chair
Senator Gene Therriault
Senator Johnny Ellis
MEMBERS ABSENT
Senator Rick Halford
COMMITTEE CALENDAR
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 226
"An Act requiring highways to be designed and constructed so that
they will adequately serve anticipated traffic levels for the
next 30 years; and providing for an effective date."
APPROVED FOR CALENDARING
SENATE BILL NO. 278
"An Act requiring a good faith effort to purchase property before
that property is taken through eminent domain; and providing for
an effective date."
APPROVED FOR CALENDARING
SENATE JOINT RESOLUTION NO. 43
Requesting the United States Congress to grant a two-year
moratorium on requirements for certain state payments under
federal programs.
APPROVED FOR CALENDARING
SENATE CONCURRENT RESOLUTION NO. 30
Relating to Alaska Salmon Day.
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 96(HES)
"An Act relating to acquisition and development of the Jesse Lee
Home; and providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 196(JUD)
"An Act establishing a right of action for a legal separation;
requiring a report about legal separations; and amending Rule
42(a), Alaska Rules of Civil Procedure."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 263(RES)
"An Act relating to water quality standards applicable to flow-
through hot springs."
APPROVED FOR CALENDARING
HOUSE BILL NO. 349
"An Act relating to agency programs and financial plans."
APPROVED FOR CALENDARING
HOUSE BILL NO. 362
"An Act extending the termination date of the Board of Governors
of the Alaska Bar Association."
ADOPTED A SENATE RULES COMMITTEE SUBSTITUTE AND APPROVED FOR
CALENDARING
PREVIOUS SENATE COMMITTEE ACTION
SB 226 - See Transportation minutes dated 2/12/02, Finance Report
dated 4/10/02 and Rules minutes dated 4/15/02.
SB 278 - See Community and Regional Affairs minutes dated 2/27/02
and Judiciary minutes dated 4/8/02.
SJR 43 - See State Affairs minutes dated 4/4/02.
SCR 30 - See State Affairs minutes dated 4/9/02 and Resources
minutes dated 4/17/02.
HB 96 - See State Affairs minutes dated 5/3/01.
HB 196 - See Judiciary minutes dated 3/25/02.
HB 263 - See Resources minutes dated 3/6/02.
HB 349 - See Rules minutes dated 4/22/02.
HB 362 - See Judiciary minutes dated 3/20/02.
WITNESS REGISTER
Representative Ken Lancaster
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented HB 96
Mr. Wes Keller
Staff to Representative Dyson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered a question about HB 196
ACTION NARRATIVE
TAPE 02-9, SIDE A
Number 001
CHAIRMAN RANDY PHILLIPS called the Senate Rules Committee meeting
to order at 9:40 a.m. Senators Cowdery, Therriault, Ellis and
Phillips were present. The first bill to come before the
committee was SB 226.
SENATOR COWDERY moved to calendar SB 226-HIGHWAY DESIGN &
CONSTRUCTION with its zero fiscal note at the Chairman's
discretion.
SENATOR ELLIS objected.
CHAIRMAN PHILLIPS announced the motion to calendar SB 226 carried
with Senators Cowdery, Therriault and Phillips in favor, and
Senator Ellis opposed.
SENATOR COWDERY moved to calendar SB 278-TAKING PROPERTY BY
EMINENT DOMAIN with its zero fiscal note at the Chairman's
discretion.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR COWDERY moved to calendar SJR 43-MAINTENANCE OF EFFORT ON
FEDERAL PROGRAMS with its accompanying fiscal note at the
Chairman's discretion.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR COWDERY moved to calendar SCR 30-ALASKA SALMON DAY with
its zero fiscal note at the Chairman's discretion and asked for
unanimous consent.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR COWDERY moved to calendar HB 96-ACQUIRING JESSE LEE HOME
with its zero fiscal note at the Chairman's discretion.
SENATOR THERRIAULT asked for an explanation of the differences
between the Senate State Affairs and Senate Finance Committee
substitutes (CS).
REPRESENTATIVE KEN LANCASTER, sponsor of HB 96 said a change was
made to the fiscal note. He stated, "They went down to a $35,000
match from gf to the match from the national - the federal funds
- put it in there to do the architectural study."
SENATOR THERRIAULT maintained that a change to the fiscal note
would not be cause for a committee substitute.
REPRESENTATIVE LANCASTER added that the effective date was
changed to this year.
CHAIRMAN PHILLIPS asked for a page and line number.
REPRESENTATIVE LANCASTER referred to lines 8 and 14 of page 2.
SENATOR ELLIS said he is glad HB 96 is before the committee and
asked if the Seward historical group that the state will work
with is a city chartered group.
REPRESENTATIVE LANCASTER said it is.
CHAIRMAN PHILLIPS clarified that the version before the committee
is labeled 22\LS045\0 and that language on page 2, Sec. 13.03
reads this act takes effect date July 1, 2002.
REPRESENTATIVE LANCASTER verified that he requested that date
change.
SENATOR THERRIAULT referred to page 1, line 12, and asked about
the words "if practical."
REPRESENTATIVE LANCASTER told members that Senator Donley added
"for the possible preservation of the home" on page 2, line 9 and
said that was included in case the architectural study determines
the building should be demolished.
SENATOR COWDERY moved to calendar SCS CSHB 96(FIN) at the
Chairman's discretion.
CHAIRMAN PHILLIPS announced that with no objection, SCS CSHB
96(FIN) and its accompanying fiscal note would be calendared.
SENATOR COWDERY moved to calendar HB 196-RIGHT OF ACTION FOR
LEGAL SEPARATION with its accompanying fiscal note at the
Chairman's discretion.
SENATOR THERRIAULT asked whether this proposal differs from
Senator Wilken's proposal.
MR. WES KELLER, staff to Representative Dyson, sponsor, said the
two proposals are identical.
CHAIRMAN PHILLIPS announced that with no objection to the motion,
HB 196 would be calendared.
SENATOR COWDERY moved to calendar HB 263-REGULATION OF HOT
SPRINGS WATER with its accompanying fiscal notes at the
Chairman's discretion.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR COWDERY moved to calendar HB 349-AGENCY PROGRAM AND
FINANCIAL PLANS with its accompanying fiscal notes at the
Chairman's discretion and asked for unanimous consent.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
The committee took up HB 362-EXTEND BOARD OF GOVERNORS OF AK BAR
ASSN.
SENATOR THERRIAULT informed members that he heard this measure in
the Senate Judiciary Committee and was "grousing" about the way
the Alaska Bar Association is treated differently from any other
licensing group in Alaska. Because the Bar Association feels it
falls under the Court System, it increased its fees and built up
a million dollar reserve a number of years ago. It has been using
that reserve to cover costs over the last couple of years instead
of adjusting fees on a year-to-year basis. He noted he
understands why that is desirable but he is disturbed that the
Bar Association is treated unlike any other licensed entity. He
said as a result of discussion in the Senate Judiciary Committee,
he put an earlier sunset date of 2004 in the bill but he has
since reconsidered. He advised members that an earlier sunset
date will require Legislative Budget and Audit to do another
performance audit and he does not feel that is necessary. The
legislature can deal with the fee issue with an audit trigger.
SENATOR COWDERY said he also voted for those changes in the
Senate Judiciary Committee.
SENATOR THERRIAULT informed members that he is willing to revert
to what the auditor recommended regarding the sunset date [2006]
and said that he will introduce legislation next year to deal
with the fee issue.
SENATOR COWDERY said that would be fine with him.
SENATOR THERRIAULT moved Amendment 1, to change the sunset date
from 2004 to 2006, the recommended date from the auditor.
CHAIRMAN PHILLIPS objected. The motion carried with Senators
Ellis, Therriault and Cowdery in favor, and Chairman Phillips
opposed.
SENATOR COWDERY moved to calendar SCS CSHB 362(RLS) and its
accompanying fiscal note at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR THERRIAULT requested the Chairman delay calendaring SCS
CSHB 362(RLS) so that he may speak to the Senate Judiciary
Committee chairman.
CHAIRMAN PHILLIPS agreed.
There being no further business to come before the committee,
CHAIRMAN PHILLIPS adjourned the meeting at 9:54 a.m.
HB
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