Legislature(1993 - 1994)

04/13/1994 04:13 PM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                     SENATE RULES COMMITTEE                                    
                         April 13, 1994                                        
                           4:13 p.m.                                           
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Rick Halford, Chair                                                   
 Senator Steve Rieger, Vice Chair                                              
 Senator George Jacko                                                          
 Senator Suzanne Little                                                        
 Senator Fred Zharoff                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 195                                                           
 "An Act extending the termination date of the State Physical                  
 Therapy and Occupational Therapy Board; and providing for an                  
 effective date."                                                              
                                                                               
 SENATE BILL NO. 228                                                           
 "An Act relating to bail after conviction for various felonies if             
 the defendant has certain previous felony convictions."                       
                                                                               
 SENATE BILL NO. 275                                                           
 "An Act relating to the disposal of real property by the Department           
 of Transportation and Public Facilities."                                     
                                                                               
 SENATE BILL NO. 292                                                           
 "An Act relating to transfers of prisoners under the Interstate               
 Corrections Compact."                                                         
                                                                               
 SENATE BILL NO. 308                                                           
 "An Act modifying administrative procedures and decisions by state            
 agencies that relate to uses and dispositions of state land,                  
 property, and resources, and to the interests within them, and that           
 relate to land, property, and resources, and to the interests                 
 within them, that are subject to the coastal management program;              
 and providing for an effective date."                                         
                                                                               
 SENATE BILL NO. 311                                                           
 "An Act authorizing a credit against the fishery resource landing             
 tax for certain contributions made by taxpayers not harvesting                
 fisheries resources under a community development quota and for               
 contributions based on fishery resources not harvested under a                
 quota made by taxpayers harvesting fisheries resources under a                
 community development quota, amending the manner of calculating the           
 amount available for revenue sharing by operation of this credit,             
 and expediting agency review of the credit applications under that            
 tax; and providing for an effective date."                                    
                                                                               
 CS FOR HOUSE BILL NO. 199(O&G) am                                             
 "An Act relating to the exploration and production of oil and gas             
 and related hydrocarbons, to oil and gas exploration licenses, and            
 to oil and gas leases in certain areas of the state; and providing            
 for an effective date."                                                       
                                                                               
 SENATE BILL NO. 248                                                           
 "An Act relating to services for and protection of vulnerable                 
 adults; and providing for an effective date."                                 
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 195 - See Labor & Commerce minutes dated 4/22/93.  See                     
          Health, Education and Social Services minutes dated                  
          4/11/94.                                                             
                                                                               
 SB 228 - See Judiciary minutes dated 3/30/94.                                 
      Finance report 4/13/94.                                                  
                                                                               
 SB 275 - See Transportation minutes dated 2/10/94 and                         
          Judiciary minutes dated 4/8/94.                                      
                                                                               
 SB 292 - See Judiciary minutes dated 3/23/94 and 3/30/94.                     
      Finance report 4/13/94.                                                  
                                                                               
 SB 308 - See Resources minutes dated 2/14/94 and 2/22/94.                     
      Finance report 4/12/94.                                                  
                                                                               
 SB 311 - See Resources minutes dated 3/23/94 and 3/28/94.                     
      Finance report 4/11/94.                                                  
                                                                               
 HB 199 - Finance report 4/12/94.                                              
                                                                               
 SB 248 - See Health, Education & Social Services minutes dated                
        2/2/94, 2/4/94, 2/16/94, and State Affairs minutes dated               
          3/11/94.                                                             
      Finance report 3/24/94.                                                  
                                                                               
      WITNESS REGISTER                                                         
                                                                               
 Senator Drue Pearce                                                           
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Opposed to amendment to SB 308                         
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-5, SIDE A                                                             
                                                                               
 Number 001                                                                    
 CHAIRMAN RICK HALFORD called the Senate Rules Committee meeting to            
 order at 4:13 p.m.                                                            
 SENATOR RIEGER moved and asked unanimous consent that  SB 195                 
 (PHYSICAL/OCCUPATIONAL THERAPY BOARDS EXT.) be approved for                   
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR RIEGER moved and asked unanimous consent that  SB 228  (NO            
 BAIL FOR FELONS W/PREVIOUS CONVICTIONS) be approved for calendaring           
 at the Chair's discretion.  Hearing no objection, it was so                   
 ordered.                                                                      
 SENATOR RIEGER moved and asked unanimous consent that  SB 275                 
 (DISPOSAL OF REAL PROPERTY BY DOTPF) be approved for calendaring at           
 the Chair's discretion.  Hearing no objection, it was so ordered.             
 SENATOR RIEGER moved and asked unanimous consent that  SB 292                 
 (INTERSTATE TRANSFERS OF INMATES) be approved for calendaring at              
 the Chair's discretion.  Hearing no objection, it was so ordered.             
 SENATOR RIEGER moved and asked unanimous consent that  SB 311                 
 (CREDIT TO FISHERY RESOURCE LANDING TAX) be approved for                      
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR RIEGER moved and asked unanimous consent that  CSHB 199               
 (O&G) am  (OIL & GAS EXPLORATION LICENSES/LEASES) be approved for             
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 Number 015                                                                    
 SENATOR HALFORD brought  SB 308  (ADMIN ACTION RE LAND, RESOURCES,            
 PROPERTY) before the committee as the next order of business.                 
                                                                               
 SENATOR LITTLE offered the following amendment to SB 308:                     
                                                                               
 Page 13, line 5:   Delete "limit" and insert "focus"                          
                    Delete "to" and insert "on"                                
                                                                               
 Page 13, line 14:  Delete "is limited" and insert "proceeds"                  
                                                                               
 Page 13, line 18:  Delete "proposed for that phase"                           
                                                                               
 Page 13, line 24:  Delete "proposed for that phase"                           
                                                                               
 She explained the amendment makes the bill consistent with the                
 legislative findings, the Administration's stated intent to coastal           
 districts, and federal regulations.  It addresses a significant               
 concern that was raised by coastal districts relating to phasing.             
                                                                               
 SENATOR DRUE PEARCE, Co-chair of the Senate Finance Committee,                
 testified in opposition to the amendment, stating that it will gut            
 the bill and the effect would be going back to the status quo in              
 not allowing the phasing.                                                     
                                                                               
 SENATOR LITTLE defended her amendment, reiterating that without it            
 the state is inconsistent with federal requirements under the                 
 coastal management planning process in that the bill would allow              
 for limiting the scope of review more than federal regulations                
 allow for.                                                                    
                                                                               
 CHAIRMAN HALFORD called for a roll call vote on the amendment.                
 The roll was taken with the following result:  Senators Zharoff and           
 Little voted "Yea" and Senators Rieger and Halford voted "Nay."               
 The Chairman stated the amendment failed.                                     
                                                                               
 SENATOR RIEGER moved and asked unanimous consent that SB 308 be               
 approved for calendaring at the Chair's discretion.  SENATOR LITTLE           
 objected.  The roll was taken with the following result:  Senators            
 Jacko, Rieger and Halford voted "Yea" and Senators Little and                 
 Zharoff voted "Nay."  The Chairman stated the motion to move SB 308           
 out of committee carried.                                                     
 CHAIRMAN HALFORD brought  SB 248  (ASSIST & PROTECT VULNERABLE                
 ADULTS) before the committee and noted that the legislation was               
 held over from the April 12, 1994 meeting with a motion pending to            
 adopt CSSB 248(RLS).                                                          
                                                                               
 CHAIRMAN HALFORD asked if there were any objections to the adoption           
 of the Rules CS.  Hearing no objection, he stated CSSB 248(RLS) was           
 adopted.                                                                      
                                                                               
 SENATOR RIEGER directed attention to an amendment requested by                
 Commissioner Nancy Usera of the Department of Administration.  The            
 department reviewed a proposed amendment suggested by the Christian           
 Science Committee, but believe that it is unnecessary and would               
 only serve to add controversy to an otherwise universally accepted            
 bill.  However, the department does not believe it will fatally               
 flaw the bill provided that the amendment is clarified to ensure              
 that the person who is the subject of the section consents to                 
 treatment by spiritual means only.                                            
                                                                               
 SENATOR RIEGER moved the following amendment to CSSB 248(RLS):                
                                                                               
 Page 12, line 2:  After the word "adherent" add ,provided that the           
 person consents to the treatment by spiritual means only                     
 Hearing no objection, the Chairman stated the amendment was                   
 adopted.                                                                      
                                                                               
 SENATOR RIEGER moved that CSSB 248(RLS), as amended, be passed out            
 of committee with individual recommendations.  Hearing no                     
 objection, it was so ordered.                                                 
                                                                               
 SENATOR RIEGER moved and asked unanimous consent that SB 248 be               
 approved for calendaring at the Chair's discretion.  Hearing no               
 objection, it was so ordered.                                                 
 There being no further business to come before the committee, the             
 meeting was adjourned at 4:29 p.m.                                            
                                                                               

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