Legislature(2001 - 2002)
04/29/2002 11:03 AM Senate RLS
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ALASKA STATE LEGISLATURE
SENATE RULES COMMITTEE
April 29, 2002
11:03 a.m.
MEMBERS PRESENT
Senator Randy Phillips, Chair
Senator John Cowdery, Vice Chair
Senator Gene Therriault
Senator Rick Halford
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
HOUSE BILL NO. 262
"An Act relating to accounting for and appropriations of receipts
from fees collected by the Department of Labor and Workforce
Development for certain inspections and for certain plumbing and
electrical worker certificates of fitness; establishing a
building safety account; and providing for an effective date."
HEARD AND HELD
CS FOR HOUSE BILL NO. 306(L&C)
"An Act authorizing the Department of Community and Economic
Development to issue permits to certain agencies to purchase,
possess, and use certain drugs for euthanizing domestic animals."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 358(CRA)
"An Act relating to an optional exemption from municipal property
taxes for certain land from which timber is harvested and for
certain improvements used in or necessary to the harvest of
timber; and providing for an effective date."
APPROVED FOR CALENDARING
HOUSE BILL NO. 375 am
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
APPROVED FOR CALENDARING
SENATE CONCURRENT RESOLUTION NO. 34
Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of
the Alaska State Legislature, concerning House Bill No. 439,
relating to removing provisions providing an opportunity to
petition for review of proposed or final consistency
determinations under the Alaska coastal zone management program;
and limiting the authority of the Alaska Coastal Policy Council
to order a coastal resource district or a state agency to take
action with respect to a proposed or final consistency
determination.
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 439(RES)(title am)
"An Act removing provisions providing an opportunity to petition
for review of proposed or final consistency determinations under
the Alaska coastal zone management program; and limiting the
authority of the Alaska Coastal Policy Council to order a coastal
resource district or a state agency to take action with respect
to a proposed or final consistency determination."
APPROVED FOR CALENDARING
HOUSE BILL NO. 444
"An Act relating to buildings covered under the Alaska public
building fund; and providing for an effective date."
APPROVED FOR CALENDARING
HOUSE JOINT RESOLUTION NO. 45
Relating to the labeling of salmon food products.
APPROVED FOR CALENDARING
CS FOR HOUSE JOINT RESOLUTION NO. 46(RES)
Relating to the moratorium on fish farming in British Columbia.
APPROVED FOR CALENDARING
HOUSE CONCURRENT RESOLUTION NO. 27 am
Relating to urging the Local Boundary Commission to adopt
standards and procedures to enable the commission to return a
petition for a local boundary change to the petitioner when the
commission determines the petition is substantively deficient, in
need of substantial amendment or supplementation, or the
procedure used in preparing the petition was deficient.
APPROVED FOR CALENDARING
PREVIOUS COMMITTEE ACTION
HB 306 - See Labor and Commerce minutes dated 4/2/02.
HB 358 - See CRA minutes dated 4/8/02 and Resources minutes
dated 4/19/02.
HB 444 - No previous action to record.
HB 439 - See Finance Report dated 4/24
SCR 34 - See Rules minutes dated 4/29/02.
HJR 45 - See Resources minutes dated 4/24/0
HJR 46 - See Resources minutes dated 4/24/02
HCR 27 - See CRA minutes dated 4/24/02
HB 262 - See Labor and Commerce minutes dated 3/21/02, State
Affairs minutes dated 4/2/02,and Finance Report dated 4/18/02
WITNESS REGISTER
Ms. Linda Hay
Staff to Representative Ogan
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified for the sponsor of HB 439
Representative Peggy Wilson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HJR 46
Ms. Judy Jordan
Staff to Representative Scalzi
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified for the sponsor of HCR 27
Ms. Pam Finley
Revisor of Statutes
Legislative Affairs Agency
Legislative Legal and Research
Services
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions about HB 375
Ms. Amy Erickson
Staff to Representative Murkowski
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified for the sponsor of HB 262
Ms. Annette Kreitzer
Staff to Senator Leman
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions about proposed committee
substitutes to HB 262
ACTION NARRATIVE
TAPE 02-10, SIDE A
Number 001
CHAIRMAN RANDY PHILLIPS called the Senate Rules Committee meeting
to order at 11:03 a.m. Members present were Senators Cowdery,
Therriault, Halford and Phillips. Chairman Phillips announced the
committee would hear the bills in the following order: HB 306, HB
358, HB 444, HB 439, SCR 34, HJR 45, HJR 46, HCR 27, HB 375 and
HB 262.
SENATOR COWDERY moved to calendar at the Chairman's discretion
CSHB 306(L&C) - EUTHANASIA FOR DOMESTIC ANIMALS with any
accompanying fiscal notes.
There being no objection, CHAIRMAN PHILLIPS announced the motion
carried.
SENATOR COWDERY moved to calendar at the Chairman's discretion
CSHB 358-EXEMPTION FROM PROPERTY TAX: TIMBER (CRA) with its
accompanying fiscal notes.
There being no objection, CHAIRMAN PHILLIPS announced the motion
carried.
SENATOR COWDERY moved to calendar at the Chairman's discretion HB
444-ALASKA PUBLIC BUILDING FUND.
There being no objection, CHAIRMAN PHILLIPS announced the motion
carried.
SENATOR COWDERY moved to calendar at the Chairman's discretion HB
439-COASTAL ZONE MANAGEMNT PROGRAMS&PETITIONS with its
accompanying fiscal notes.
There being no objection, CHAIRMAN PHILLIPS announced the motion
carried.
SENATOR COWDERY moved to calendar at the Chairman's discretion
SCR 34-SUSPEND UNIFORM RULES FOR HB 439.
There being no objection, CHAIRMAN PHILLIPS announced the motion
carried.
SENATOR COWDERY moved to calendar at the Chairman's discretion
HJR 45-SALMON LABELING with any accompanying fiscal notes.
There being no objection, CHAIRMAN PHILLIPS announced the motion
carried.
SENATOR COWDERY moved to calendar at the Chairman's discretion
CSHJR 46(RES)-BC MORATORIUM ON FISH FARMING.
CHAIRMAN PHILLIPS proposed the following amendment: on page 2,
line 17, replace the word "request" with "respectfully urges" and
on line 21 replace "respectfully urges" with "request." He
explained that from a Canadian point of view, "request" means
demand. He found that out several years ago when legislators from
British Columbia were visiting. They like suggestions but they
don't like demands.
REPRESENTATIVE PEGGY WILSON, sponsor of HJR 46, said that change
was acceptable to her.
There being no objection, CHAIRMAN PHILLIPS announced the motion
carried.
SENATOR COWDERY repeated his motion to calendar SCSHJR 46 (RLS)
at the Chairman's discretion.
There being no objection, CHAIRMAN PHILLIPS announced the motion
carried.
SENATOR COWDERY moved to calendar at the Chairman's discretion
HCR 27am - LOCAL BOUNDARY COMMISSION PROCEDURES with its
accompanying fiscal notes.
SENATOR THERRIAULT asked for a run-down of the resolution.
MS. JUDY JORDAN, staff to Representative Scalzi, explained that
the Representative introduced this legislation to clarify that
the Local Boundary Commission has the right to return a petition
very early in the process if it finds the procedures used were
inadequate.
There being no objection, CHAIRMAN PHILLIPS announced the motion
carried.
MS. PAMELA FINLEY, revisor of statutes, explained that HB 375-
REVISOR'S BILL is the standard statute clean-up bill. The Senate
Judiciary Committee removed the most problematic section; she is
happy with that result. A section of interest is Section 1, which
puts in statute a practice used by the revisor's office for at
least 18 years concerning effective dates.
CHAIRMAN PHILLIPS asked if that is a substantive change.
MS. FINLEY said it isn't substantive in that it does not change
what the revisor's office has been doing. She said the
legislative branch writes the effective date.
SENATOR THERRIAULT pointed out that it is the status quo so that
if the legislature adds an immediate or specific effective date
to a bill, it does not want the Administration to be able to hold
or veto that bill past that date.
CHAIRMAN PHILLIPS asked if the bill contains any substantive
changes because, in the past, legislators often added substantive
legislation to it.
MS. FINLEY said it does not.
SENATOR COWDERY moved to calendar HB 375 at the Chairman's
discretion with its zero fiscal note.
SENATOR THERRIAULT asked Ms. Finley to describe the change made
by the House.
MS. FINLEY said a change was made on the floor at her request.
The phrase "subject to state control" was added to Sections 11
and 12 on pages 5 and 6. She explained that she sent the draft
bill to the Executive Branch for review, but it wasn't until the
House Judiciary Committee held a hearing that the Older Alaskans
Commission notified her that it had several federal programs that
the state could not administer. Therefore, to avoid reporting on
something the state could not take control over, that phrase was
added.
CHAIRMAN PHILLIPS announced that with no objection to calendaring
HB 375, the motion carried.
CHAIRMAN PHILLIPS announced that the committee has two proposed
Senate Rules Committee substitutes (Versions P and O) to HB 262-
BUILDING SAFETY ACCOUNT.
MS. AMY ERICKSON, staff to Representative Murkowski, sponsor of
HB 262, asked to hear an explanation of the committee
substitutes.
CHAIRMAN PHILLIPS informed members that Version P is more
encompassing than Version O. He asked Ms. Kreitzer to explain the
differences between the two versions.
MS. ANNETTE KREITZER, staff to Senator Leman, said she is
testifying on behalf of the Senate Finance Committee. She told
members the Senate Finance Committee plans to use receipt-
supported services to fully fund state parks, the food safety
program, and some portions of the budgets of the Departments of
Revenue and Public Safety. Version O contains a list of those
receipts. Beginning on page 2, Section 4, Department of Community
and Economic Development business license fees are targeted and
put in the same category as occupational license fees, which are
already used for receipt-supported services. Section 5 contains
the list of receipts from the House version, as well as receipts
from the Department of Environmental Conservation for food
safety, the Department of Natural Resources for the Division of
Parks, and receipts for private security guards and the concealed
carry program. As Senate Finance subcommittees closed out their
budgets, the full Senate Finance Committee, which anticipated
using receipt-supported services, began to compile this list.
MS. KREITZER explained that Version P is much shorter, however
Section 4 would still be necessary to differentiate between
business and occupational licenses. Section 5, instead of
containing a laundry list of activities, contains the following
description of general fund program receipts:
Fees, charges, income earned and assets and other state
money received by a state agency in connection with the
performance of its functions if the fees, charges,
income or other money is accounted for separately by
the state agency.
She noted that Version P encompasses about $7.8 million more than
Version O and is more inclusive. She anticipates this bill will
go to a conference committee and, even with the broad language in
the bill, the conference committee can break it down into a list
if it would rather take that approach.
CHAIRMAN PHILLIPS pointed out that a title change will be
necessary for either committee substitute. He asked for a
response from Representative Murkowski's staff.
MS. AMY ERICKSON said she has not had the opportunity to discuss
either version with Representative Murkowski so is not able to
state a position at this time.
SENATOR HALFORD arrived.
CHAIRMAN PHILLIPS announced that HB 262, along with the title
change, will be held until the next hearing to hear from
Representative Murkowski.
There being no further business to come before the committee,
CHAIRMAN PHILLIPS adjourned the meeting at 11:22 a.m.
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