Legislature(2001 - 2002)

04/26/2002 10:47 AM Senate RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                     SENATE RULES COMMITTEE                                                                                   
                         April 26, 2002                                                                                         
                           10:47 a.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Randy Phillips, Chair                                                                                                   
Senator John Cowdery, Vice Chair                                                                                                
Senator Rick Halford                                                                                                            
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 238                                                                                                             
"An Act relating  to state plans  and programs for the  safety and                                                              
security of  facilities and  systems in  the state; and  providing                                                              
for an effective date."                                                                                                         
     APPROVED CSSB 238(RLS) FOR CALENDARING                                                                                     
                                                                                                                                
SENATE JOINT RESOLUTION NO. 44                                                                                                  
Relating  to preparation  of a  joint  state-federal research  and                                                              
development plan.                                                                                                               
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 254(FIN)                                                                           
"An Act relating to the teachers'  retirement system, the judicial                                                              
retirement  system, and  the public  employees' retirement  system                                                              
and to  the tax qualification under  the Internal Revenue  Code of                                                              
those systems;  amending the definition of  'actuarial adjustment'                                                              
in  the teachers'  retirement  system  and the  public  employees'                                                              
retirement system;  repealing certain provisions of  the teachers'                                                              
retirement  system and  the public  employees' retirement  system;                                                              
amending the statutory  limitation on payment of  warrants to make                                                              
an  exception for  warrants  making  benefit payments  or  refunds                                                              
under  various   state  retirement   and  benefit  programs;   and                                                              
providing for an effective date."                                                                                               
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
SB 238  - See  State Affairs  minutes dated  1/24/02, 1/31/02  and                                                              
2/12/02 and Transportation minutes dated 4/16/02.                                                                               
                                                                                                                                
SJR 44 - See Labor and Commerce minutes  dated 4/15/02 and Finance                                                              
Report dated 4/24/02.                                                                                                           
                                                                                                                                
HB 254 - See State Affairs minutes dated 4/11/02 and 4/16/02.                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Terry Bannister                                                                                                             
Legislative Affairs Agency                                                                                                      
Legislative Legal and Research                                                                                                  
  Services                                                                                                                      
State Capitol                                                                                                                   
Juneau, AK  99801-1182                                                                                                          
                                                                                                                                
Ms. Carol Carroll                                                                                                               
Department of Military &                                                                                                        
  Veterans Affairs                                                                                                              
PO Box 5800                                                                                                                     
Ft Richardson, AK  99505-0800                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-10, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRMAN RANDY PHILLIPS called the  Senate Rules Committee meeting                                                            
to order at  10:47 a.m. Senators Halford, Therriault  and Phillips                                                              
were present. Senators Cowdery and  Ellis arrived momentarily. The                                                              
first order of business to come before the committee was SB 238.                                                                
                                                                                                                                
CHAIRMAN  PHILLIPS informed  members that  SB 238-PUBLIC  RECORDS:                                                          
STATE SECURITY  & SAFETY  was requested by  the Governor.  It will                                                          
require  a title  change so  Ms.  Bannister and  Ms. Carroll  were                                                              
present to explain a proposed amendment to do so.                                                                               
                                                                                                                                
SENATOR HALFORD  moved to adopt  the suggested title  amendment to                                                              
SB 238.                                                                                                                         
                                                                                                                                
MS. TERRY  BANNISTER, legal  counsel, Legislative Affairs  Agency,                                                              
told members the current title of  the bill could be misleading as                                                              
it only  describes some of the  documents that would  be exempted.                                                              
She is concerned that it might appear  the exemption is limited to                                                              
those  documents named  in the  title  so the  amendment adds  the                                                              
remaining documents  that should exempted.  In an effort to  be as                                                              
accurate as possible,  she also asked to change  the word "safety"                                                              
use throughout the bill to "security."                                                                                          
                                                                                                                                
CHAIRMAN  PHILLIPS  asked  if  the   Department  of  Military  and                                                              
Veterans  Affairs (DMVA)  has  taken a  position  on the  proposed                                                              
amendment.                                                                                                                      
                                                                                                                                
MS. CAROL  CARROLL, Department of  Military and Veterans  Affairs,                                                              
told  members  that  the  first  part  deletes  the  reference  to                                                              
"systems  facilities  and infrastructure"  and  places  it in  the                                                              
exemption. She said DMVA has no objection to that change.                                                                       
                                                                                                                                
CHAIRMAN  PHILLIPS  asked  if  there  was  further  discussion  or                                                              
objection to the amendment.                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  informed members  that Ms. Carroll  asked that                                                              
the committee drop one section of  the bill. He questioned whether                                                              
the new title will still apply it that section is dropped.                                                                      
                                                                                                                                
MS. BANNISTER said, "We would have  to interpose - we could adjust                                                              
that when  you send  us the bill  if you  do something.  That will                                                              
remove that  whole exempting  part and we  would have to  take out                                                              
the page  1, lines 1-2,  the reference  to 'and procedures  and to                                                              
systems facilities  and infrastructure  in the state.'"  She asked                                                              
to have  the opportunity  to look it  over if the committee  makes                                                              
that change.                                                                                                                    
                                                                                                                                
SENATOR HALFORD  withdrew his motion  to adopt the  proposed title                                                              
amendment.                                                                                                                      
                                                                                                                                
MS.  CAROL  CARROLL said  she  is  requesting  that Section  2  be                                                              
deleted because  some people are  uncomfortable with it.  The need                                                              
for Section 2 is  not immediate, while the need for  Section 1 is.                                                              
DMV proposes  to work  more extensively and  bring the  content of                                                              
Section 2 before the legislature  next year when all concerns have                                                              
been addressed.  She pointed  out that Section  1 pertains  to the                                                              
public  records  exemption  and  would  allow the  state,  if  the                                                              
document  contained security  plans, to  determine if its  release                                                              
could be harmful to the public or circumvent the law in any way.                                                                
                                                                                                                                
SENATOR THERRIAULT moved  to delete Section 2 and  amend the title                                                              
accordingly.                                                                                                                    
                                                                                                                                
CHAIRMAN PHILLIPS asked Ms. Carroll  if by "some people" she meant                                                              
legislators.                                                                                                                    
                                                                                                                                
MS. CARROLL  said the other  body has  deleted Section 2  from the                                                              
bill and  that several questions  were raised  about it in  one of                                                              
the committee hearings.                                                                                                         
                                                                                                                                
SENATOR THERRIAULT repeated the motion.                                                                                         
                                                                                                                                
MS. BANNISTER asked that the motion  allow her to adjust the title                                                              
as needed.                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT  stated that he would expect  the legal drafter                                                              
to  make  whatever  additional  title  changes  are  necessary  to                                                              
clarify the content of the bill.                                                                                                
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR HALFORD moved to calendar CSSB 238(RLS).                                                                                
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR  COWDERY  moved  to calendar  SJR  44-STATE-FEDERAL  JOINT                                                          
RESEARCH PLAN  at the Chairman's  discretion with its  zero fiscal                                                          
note.                                                                                                                           
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR HALFORD  informed members that  he is still working  on an                                                              
amendment to  HB 254-STATE  RETIREMENT SYSTEMS/WARRANTS  and asked                                                          
that it be held in committee.                                                                                                   
                                                                                                                                
SENATOR ELLIS concurred that the  bill needs more work that should                                                              
not require much time.                                                                                                          
                                                                                                                                
CHAIRMAN PHILLIPS  noted that with  no objection, HB 254  would be                                                              
held in committee. He then adjourned the meeting at 10:58 a.m.                                                                  
                                                                                                                                

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