Legislature(2001 - 2002)
05/13/2002 08:37 PM Senate RLS
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE RULES COMMITTEE
May 13, 2002
8:37 p.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
2d CS FOR HOUSE BILL NO. 303(RLS)
"An Act relating to taxation of individual income; and providing
for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 27(FIN)
"An Act relating to the registration of individuals who perform
home inspections; relating to regulation of contractors; relating
to registration fees for specialty contractors, home inspectors,
and associate home inspectors; relating to home inspection
requirements for residential loans purchased or approved by the
Alaska Housing Finance Corporation; relating to civil actions by
and against home inspectors and to civil actions arising from
residential unit inspections; and providing for an effective
date."
APPROVED FOR CALENDARING
HOUSE BILL NO. 131
"An Act relating to standards for forest resources and practices;
and providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 135(JUD) am
"An Act relating to municipal fees for certain police protection
services and to a tenant's activities that result in the
imposition of those fees."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 152(RLS)
"An Act relating to brewpub licenses; and providing for an
effective date."
SCHEDULED BUT NOT HEARD
CS FOR HOUSE BILL NO. 182(FIN) am
"An Act relating to certain vehicles, including motorcycles and
trailers; relating to the registration, bonding, and other
regulation of motor vehicle dealers; relating to the registration
and other regulation of certain motor vehicle buyers' agents;
relating to acts and transactions involving vehicles, including
trailers, and to the acts and practices of certain persons and
entities involved in vehicle transactions, including trailer
transactions; relating to consumer protection for used vehicle
buyers; amending Rule 3, Alaska Rules of Civil Procedure; and
providing for an effective date."
SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 239
"An Act establishing a pilot program for a regional learning
center."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 252(RLS)
"An Act relating to the construction of certain statutes relating
to children; relating to the scope of duty and standard of care
for persons who provide services to certain children and
families; relating to civil liability for damages to certain
children and their families resulting from failure to comply with
certain statutes; relating to intensive family preservation
services; and providing for an effective date."
APPROVED FOR CALENDARING
HOUSE BILL NO. 300
"An Act relating to the procurement of certain travel services."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 317(FIN)
"An Act relating to stalking and to violating a protective order;
and amending Rules 4 and 65, Alaska Rules of Civil Procedure, and
Rule 9, Alaska Rules of Administration."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 382(FIN)
"An Act relating to the evaluation and cleanup of sites where
certain controlled substances may have been manufactured or
stored; and providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 489(JUD)
"An Act relating to cruelty to animals."
APPROVED FOR CALENDARING
HOUSE BILL NO. 510
"An Act relating to the regulation of commercial motor vehicles
to avoid loss or withholding of federal highway money, and to
out-of-service orders concerning commercial motor vehicles;
amending Rule 43.1, Alaska Rules of Administration; and providing
for an effective date."
APPROVED FOR CALENDARING
HOUSE JOINT RESOLUTION NO. 35 am
Relating to urging the United States Congress to amend the tax
code to permanently repeal the estate tax.
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 51(FIN)
"An Act giving notice of and approving the entry into and the
issuance of certificates of participation for a lease-purchase
agreement for a seafood and food safety laboratory facility;
relating to the use of certain investment income for certain
construction costs; and providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 393(JUD) am
"An Act relating to unfair and deceptive trade practices and to
the sale of business opportunities; amending Rules 4 and 73,
Alaska Rules of Civil Procedure; and providing for an effective
date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 330(FIN) am
"An Act relating to providing alcoholic beverages to a person
under 21 years of age."
ADOPTED A SENATE RULES COMMITTEE SUBSTITUTE AND APPROVED FOR
CALENDARING
CS FOR HOUSE BILL NO. 471(CRA)
"An Act increasing the maximum amount of loans from the bulk fuel
revolving loan fund operated by the Alaska Energy Authority;
relating to the definitions of 'net income' and 'unrestricted net
income' for purposes of determining the amount of the Alaska
Industrial Development and Export Authority's dividend to the
state; relating to communities within which rural development
loans may be made by the Alaska Industrial Development and Export
Authority; and providing for an effective date."
APPROVED FOR CALENDARING
PREVIOUS SENATE COMMITTEE ACTION
HB 303 - See State Affairs minutes dated 5/9/02 and Finance
minutes dated 5/12/02.
HB 27 - See Labor and Commerce minutes dated 4/30/02, Judiciary
minutes dated 5/10/02 and Finance minutes dated 5/12/02
HB 131 - See Resources minutes dated 3/20/01 and 4/8/02 and
Finance minutes dated 5/12/02.
HB 135 - See CRA minutes dated 3/27/02 and Judiciary minutes
dated 5/11/02.
HB 239 - See HESS minutes dated 4/17/02.
HB 252 - See Judiciary minutes dated 5/10/02 and Finance minutes
dated 5/12/02.
HB 317 - See Judiciary minutes dated 5/10/02 and Finance minutes
5/12/02.
HB 382 - See Resources minutes dated 4/29/02 and 5/6/02 and
Finance minutes dated 5/11/02.
HB 489 - See Judiciary minutes dated 5/10/02 and Finance minutes
dated 5/12/02.
HB 510 - See Transportation minutes dated 5/11/02.
HJR 35 - See State Affairs minutes dated 3/21/02 and Rules
minutes dated 4/11/02.
HB 51 - See HESS minutes dated 5/5/01 and Finance minutes dated
5/13/02.
HB 393 - See Labor and Commerce minutes dated 4/30/02 and
5/4/02, Judiciary minutes dated 5/10/02 and Finance minutes dated
5/11/02.
HB 330 - See Judiciary minutes dated 5/6/02.
HB 471 - See CRA minutes dated 5/3/02 and Finance minutes dated
5/10/02.
WITNESS REGISTER
Representative Gary Stevens
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 393
Representative Joe Green
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 471
Mr. Bob Poe
Alaska Industrial Development and
Export Authority and Alaska Energy
Authority
813 W Northern Lights Blvd.
Anchorage, AK 99503
POSITION STATEMENT: Answered questions about HB 471.
ACTION NARRATIVE
TAPE 02-15, SIDE A
Number 001
CHAIRMAN RANDY PHILLIPS called the Senate Rules Committee meeting
to order at 8:37 p.m. Senators Halford, Ellis, Therriault,
Cowdery and Phillips were present. The first order of business to
come before the committee was HB 303.
SENATOR HALFORD moved to calendar 2d CSHB 303(RLS)-INDIVIDUAL
INCOME TAX at the Chairman's discretion.
SENATOR ELLIS objected.
CHAIRMAN PHILLIPS announced that the motion carried with Senators
Therriault, Halford, Cowdery and Phillips in favor and Senator
Ellis opposed.
SENATOR HALFORD moved to calendar CSHB 27(FIN)-HOME
INSPECTORS/CONTRACTORS at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
CHAIRMAN PHILLIPS announced that HB 51 was placed at the bottom
of the calendar.
SENATOR HALFORD moved to calendar HB 131-FOREST RESOURCES &
PRACTICES STANDARDS at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
SENATOR HALFORD moved to calendar CSHB 135(JUD)am-EXCESSIVE
POLICE SERVICES:FEES/ TENANCY at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
CHAIRMAN PHILLIPS noted that HB 152 would be placed at the bottom
of the calendar.
SENATOR HALFORD moved to calendar HB 239-VOCATIONAL EDUCATION
PILOT PROGRAM at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
SENATOR HALFORD moved to calendar CSHB 252(RLS)-CHILDREN IN NEED
OF AID: SERVICES & LIAB. at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
SENATOR HALFORD moved to calendar HB 300-PROCUREMENT OF TRAVEL
SERVICES at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
SENATOR HALFORD moved to calendar CSHB 317(FIN)-STALKING &
PROTECTIVE ORDERS at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
CHAIRMAN PHILLIPS announced that HB 330 would be placed at the
bottom of the calendar.
SENATOR HALFORD moved to calendar CSHB 382(FIN)-CLEANUP OF
ILLEGAL DRUG SITES at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
CHAIRMAN PHILLIPS announced that HB 393 and HB 471 would be
placed at the bottom of the calendar.
SENATOR HALFORD moved to calendar CSHB 489(JUD)-CRUELTY TO
ANIMALS at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
SENATOR COWDERY moved to calendar HB 510-COMMERCIAL MOTOR
VEHICLES:REGULATIONS at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
SENATOR HALFORD moved to calendar HJR 35am -REPEAL ESTATE TAX at
the Chairman's discretion.
SENATOR ELLIS noted that HJR 35am was referred back to committee
when it was scheduled on the Senate floor because Senator Donley
had a concern. He asked if that concern has been addressed.
MR. PHELAN STRAUBE, Senate Rules Committee aide, informed Senator
Ellis that HJR 35am was not amended by the Senate Finance
Committee so the same House version will be calendared on the
floor.
SENATOR ELLIS objected to calendaring HJR 35am.
CHAIRMAN PHILLIPS announced that the motion carried with Senators
Therriault, Halford, Cowdery and Phillips in favor, and Senator
Ellis opposed.
CHAIRMAN PHILLIPS informed members that HB 51 has a fiscal note
and that the committee does not yet have possession of HB 182 so
those two bills will be heard later.
SENATOR HALFORD moved to calendar CSHB 330(FIN)am-PROVIDING
ALCOHOL TO MINORS/ BREWPUB LIC. at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
CHAIRMAN PHILLIPS informed members that he would not take up HB
393 or HB 471 at this meeting and that HB 152 would be heard
later.
SENATOR ELLIS asked the Chairman's intention regarding HB 152.
CHAIRMAN PHILLIPS said he planned to recess the meeting and meet
again later.
SENATOR ELLIS moved to calendar CSHB 51(FIN)-LEGIS APPROVAL OF
SEAFOOD/FOOD SAFETY LAB and its accompanying fiscal notes at the
Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
The committee took up CSHB 393(JUD)am-SALES OF BUSINESS
OPPORTUNITIES.
REPRESENTATIVE GARY STEVENS, sponsor of HB 393, explained that
the measure is considered to be a consumer protection bill from
"biz-ops" or business opportunities that impact vulnerable
Alaskans. Biz-ops come in the form of infomercials and other
advertisements. Some are legitimate while others are not. HB 393
will have no impact on the legitimate businesses. The bill will
require these businesses to register with the state, establish an
escrow account, and provide a 30-day cancellation period for the
buyer.
SENATOR COWDERY recounted a newspaper story about a credit card
scam and asked if this bill would offer protection in such a
situation.
REPRESENTATIVE STEVENS said he was not aware of that story.
SENATOR HALFORD moved to calendar CSHB 393(JUD)am at the
Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
SENATOR HALFORD moved to bring up CSHB 330(FIN)am-PROVIDING
ALCOHOL TO MINORS/ BREWPUB LIC. again.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
SENATOR HALFORD said he had a piece of legislation that the
Senate Judiciary Committee worked out with representatives of the
brewpub industry. He believes the agreement had strong support in
the committee. Adopting that legislation as an amendment to HB
330 will require a conceptual title amendment. He moved to
incorporate that amendment into HB 330 thereby adopting a Senate
Rules Committee substitute and the appropriate title amendment
and resolution.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
SENATOR HALFORD then moved to calendar SCS HB 330(RLS).
CHAIRMAN PHILLIPS announced that without objection, SCS HB
330(RLS) would be calendared.
CHAIRMAN PHILLIPS announced the committee would recess to a call
of the chair at 8:55 p.m. He then called the meeting back to
order at 8:56 p.m. and announced that CSHB 471(CRA)-AIDEA LOANS
AND DIVIDEND/AEA LOANS was before the committee.
REPRESENTATIVE JOE GREEN, sponsor of HB 471, said this
legislation addresses a concern of the Governmental Accounting
Standards Board (GASB). GASB has changed the way the Alaska
Industrial Development and Export Authority (AIDEA) calculates
net income. Alaska's current statute uses the common practice for
determining net income to determine how much can be deposited in
the general fund. Unless Alaska's accounting procedures are
altered to follow the GASB rules, AIDEA will not be able to
calculate its net income and allow money to be deposited in the
general fund. The issues surround AIDEA's rules for financing
loans to small communities that cannot secure financing in common
ways and on the amount of money that is loaned for bulk fuel.
SENATOR HALFORD asked if Section 4 will exclude any community
connected by road or rail to Anchorage or Fairbanks from having
access to the fund.
REPRESENTATIVE GREEN clarified that if a community has a
population of 5,000 or less and is not connected to a road or
rail system, or has a population of 2,000 or less and is
connected by a road or rail to Anchorage or Fairbanks, there is
no change.
SENATOR HALFORD asked if the previous rule was that a community
could be connected by road or rail and have a population of less
than 5,000 but now the population must be less than 2,000.
MR. BOB POE, Executive Director of AIDEA, explained the intent of
that change is to "dial in" the Rural Development Initiative Fund
(RDIF) to those communities that cannot get participation loans
through AIDEA. This is an attempt to segment out the RDIF program
for communities that cannot get alternative financing.
SENATOR HALFORD asked if Houston would qualify for the new
program.
MR. POE said that Houston is on the road system and could easily
get loan financing because it has banks nearby.
SENATOR HALFORD asked how a community of 10,000 in Southeast
Alaska would be classified.
MR. POE said it would have to have a population of less than
5,000 as the Marine Highway System does not qualify as a road.
SENATOR HALFORD noted that some of those communities have banks
and that he is not sure that definition is equitable.
MR. POE indicated the definition has been a challenge but the
intent is to make the program work as originally intended, that
being to target lodges and other kinds of truly rural business
enterprises that might find it hard to get any other kind of
financing.
SENATOR HALFORD asked about the interest rate.
MR. POE said the loan rate is between 7 and 9.5 percent right
now. The RDIF loans are in the 7 percent range.
SENATOR HALFORD asked if the interest rate exceeds the cost of
funds.
MR. POE said it does.
SENATOR HALFORD moved to calendar CSHB 471(CRA) and its
accompanying fiscal notes at the Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
There being no further business to come before the committee,
CHAIRMAN PHILLIPS recessed the meeting at 9:04 p.m.
| Document Name | Date/Time | Subjects |
|---|