Legislature(1993 - 1994)

05/02/1994 05:17 PM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                     SENATE RULES COMMITTEE                                    
                          May 2, 1994                                          
                           5:17 p.m.                                           
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Rick Halford, Chair                                                   
 Senator Steve Rieger, Vice Chair                                              
 Senator George Jacko                                                          
 Senator Fred Zharoff                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Suzanne Little                                                        
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 HOUSE CONCURRENT RESOLUTION NO. 32                                            
 Establishing the Joint Task Force on Military Bases in Alaska.                
                                                                               
 CS FOR HOUSE JOINT RESOLUTION NO. 56(RES)                                     
 Relating to an exemption for federal land in Alaska from the                  
 federal PACFISH management strategy.                                          
                                                                               
 HOUSE JOINT RESOLUTION NO. 61                                                 
 Relating to the Western Alaska Community Development Quota Program            
 and the North Pacific Fishery Management Council Comprehensive                
 Rationalization Program.                                                      
                                                                               
 CS FOR HOUSE BILL NO. 222(FIN)                                                
 "An Act relating to landlords and tenants and to the applicability            
 of the Uniform Residential Landlord and Tenant Act, to termination            
 of tenancies and recovery of rental premises, to tenant                       
 responsibilities, and to the civil remedies of forcible entry and             
 detainer and nuisance abatement; and amending Rule 62(a) of the               
 Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska                  
 District Court Rules of Civil Procedure."                                     
                                                                               
 CS FOR HOUSE BILL NO. 230(FIN)                                                
 "An Act relating to fees for a commercial fishing vessel license."            
                                                                               
 CS FOR HOUSE BILL NO. 231(FIN)                                                
 "An Act relating to when previous conduct constituting a sexual               
 offense may be used as an aggravating factor at sentencing."                  
                                                                               
 HOUSE BILL NO. 324                                                            
 "An Act extending the termination date of the Board of Dental                 
 Examiners; and providing for an effective date."                              
                                                                               
 HOUSE BILL NO. 331 am                                                         
 "An Act relating to claims on permanent fund dividends for                    
 defaulted public assistance overpayments."                                    
                                                                               
 CS FOR HOUSE BILL NO. 347(FIN)                                                
 "An Act relating to long-term plans of certain state agencies and             
 recommendations regarding elimination of duplication in state                 
 agency functions."                                                            
                                                                               
 CS FOR HOUSE BILL NO. 351(FIN) am(efd add)                                    
 "An Act relating to permits for the carrying of a concealed                   
 handgun; providing for local option elections in municipalities and           
 established villages to prohibit the possession of a concealed                
 handgun under a permit; and relating to the possession of weapons;            
 and providing for an effective date."                                         
                                                                               
 CS FOR HOUSE BILL NO. 362(HES) am                                             
 "An Act relating to the statute of limitations for actions brought            
 upon a child support judgment; and establishing the crime of aiding           
 the nonpayment of child support."                                             
                                                                               
 CS FOR HOUSE BILL NO. 367(JUD) am                                             
 "An Act relating to limitations on outdoor advertising signs,                 
 displays, and devices and penalties for violations related to                 
 outdoor advertising."                                                         
                                                                               
 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420(STA)(efd am)                 
 "An Act relating to limited liability companies; and providing for            
 an effective date."                                                           
                                                                               
 HOUSE BILL NO. 462                                                            
 "An Act repealing certain provisions of the laws, other than those            
 in the Alaska Land Act, relating to recording requirements, labor             
 and improvement requirements, and size requirements for mining                
 claims and providing for the suspension or waiver of state annual             
 mining labor requirements when the federal government has suspended           
 or waived federal annual mining labor requirements administratively           
 or by statute; and providing for an effective date."                          
                                                                               
 CS FOR HOUSE BILL NO. 498(FIN)                                                
 "An Act providing for exploration incentive credits for activities            
 involving locatable and leasable minerals and coal deposits on                
 certain land in the state; and providing for an effective date."              
                                                                               
 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(STA) am                      
 "An Act reestablishing the Board of Electrical Examiners and                  
 extending the termination date of the Board of Mechanical                     
 Examiners; relating to electrical and mechanical administrators;              
 and providing for an effective date."                                         
                                                                               
 CS FOR HOUSE BILL NO. 392(FIN) am                                             
 "An Act relating to the confidentiality of permanent fund dividend            
 application information; relating to the permanent fund dividend              
 program; and providing for an effective date."                                
                                                                               
 CS FOR HOUSE JOINT RESOLUTION NO. 55(RES)                                     
 Relating to the importance to the economy of Southeast Alaska of              
 continued timber harvests on the Tongass National Forest.                     
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 HCR 32 - Finance report 5/2/94.                                               
                                                                               
 HJR 56 - See Resources minutes dated 4/30/94.                                 
                                                                               
 HJR 61 - See Resources minutes dated 4/30/94.                                 
                                                                               
 HB 222 - Finance report 5/2/94.                                               
                                                                               
 HB 230 - Finance report 5/2/94.                                               
                                                                               
 HB 231 - See Judiciary minutes dated 4/26/94.                                 
      Finance report 5/2/94.                                                   
                                                                               
 HB 324 - See Health, Education & Social Services minutes dated                
          4/30/94.                                                             
                                                                               
 HB 331 - See Health, Education & Social Services minutes dated                
          4/8/94.  See Judiciary minutes dated 4/28/94.                        
      Finance waived referral 4/29/94.                                         
                                                                               
 HB 347 - See State Affairs minutes dated 4/13/94.                             
      Finance report 4/27/94.                                                  
                                                                               
 HB 351 - See State Affairs minutes dated 4/25/94 and 4/27/94.                 
      Finance report 5/2/94.                                                   
                                                                               
 HB 362 - See Judiciary minutes dated 4/25/94 & 4/30/94.                       
                                                                               
 HB 367 - See Judiciary minutes dated 4/23/94, 4/25/94 & 4/30/94.              
                                                                               
 HB 420 - See Judiciary minutes dated 4/30/94.                                 
                                                                               
 HB 462 - See Resources minutes dated 4/13/94 and 4/30/94.                     
                                                                               
 HB 498 - Resources referral waived 4/18/94.                                   
          Finance report 5/2/94.                                               
                                                                               
 HB 249 - See Labor and Commerce minutes dated 4/27/93.                        
      Finance report 5/6/93.                                                   
      Rules minutes dated 4/30/94.                                             
                                                                               
 HB 392 - Finance report 4/27/94.                                              
                                                                               
 HJR 55 - See Resources minutes dated 4/30/94.                                 
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 Representative Gary Davis                                                     
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Prime Sponsor of HB 249                                
                                                                               
 David Skidmore, Staff to Senator Steve Frank                                  
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Offered information on HB 392                          
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-8, SIDE A                                                             
                                                                               
 Number 001                                                                    
                                                                               
 CHAIRMAN RICK HALFORD called the Senate Rules Committee meeting to            
 order at 5:17 p.m.                                                            
 SENATOR JACKO moved and asked unanimous consent that  HCR 32  (JOINT     T    
 TASK FORCE ON MILITARY BASES) be approved for calendaring at the              
 Chair's discretion.  Hearing no objection, it was so ordered.                 
 SENATOR JACKO moved and asked unanimous consent that  HJR 61                  
 (COMMUNITY DEVELOPMENT FISHING QUOTAS) be approved for calendaring            
 at the Chair's discretion.  Hearing no objection, it was so                   
 ordered.                                                                      
 SENATOR JACKO moved and asked unanimous consent that CSHB 222(FIN)            
 (LANDLORD TENANT/EVICTIONS/LAW VIOLATIONS) be approved for                    
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR JACKO moved and asked unanimous consent that CSHB 230(FIN)            
 (VESSEL FEES) be approved for calendaring at the Chair's                      
 discretion.  Hearing no objection, it was so ordered.                         
 SENATOR JACKO moved and asked unanimous consent that CSHB 231(FIN)            
 (AGGRAVATING/MITIGATING FACTORS;SEX CRIMES) be approved for                   
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR JACKO moved and asked unanimous consent that  HB 324                  
 (EXTEND BOARD OF DENTAL EXAMINERS) be approved for calendaring at             
 the Chair's discretion.  Hearing no objection, it was so ordered.             
 SENATOR JACKO moved and asked unanimous consent that  HB 331 am  (USE    SE   
 PFD'S TO RECOVER WELFARE OVERPAYMENTS) be approved for calendaring            
 at the Chair's discretion.  Hearing no objection, it was so                   
 ordered.                                                                      
 SENATOR JACKO moved and asked unanimous consent that  CSHB 347(FIN)           
 (STATE LONG-TERM PLANNING) be approved for calendaring at the                 
 Chair's discretion.  Hearing no objection, it was so ordered.                 
 SENATOR JACKO moved and asked unanimous consent that  CSHB 351(FIN)           
 am (efd add)  (CONCEALED HANDGUN PERMITS;WEAPONS POSS.) be approved           
 for calendaring at the Chair's discretion.  Hearing no objection,             
 it was so ordered.                                                            
 SENATOR JACKO moved and asked unanimous consent that  CSHB 362(HES)           
 am  (CHILD SUPPORT:CRIMINAL/CIVIL REMEDIES) be approved for                   
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR JACKO moved and asked unanimous consent that  CSHB 367(JUD)           
 am  (PROHIBITED HIGHWAY ADVERTISING) be approved for calendaring at           
 the Chair's discretion.  Hearing no objection, it was so ordered.             
 SENATOR JACKO moved and asked unanimous consent that  CSSSHB                  
 420(STA)(efd am)  (LIMITED LIABILITY COMPANIES) be approved for               
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR JACKO moved and asked unanimous consent that  HB 462  (MINING    NG   
 REQUIREMENTS:RECORDING/LABOR/SIZE) be approved for calendaring at             
 the Chair's discretion.  Hearing no objection, it was so ordered.             
 SENATOR JACKO moved and asked unanimous consent that  CSHB 498(FIN)           
 (MINERAL EXPLORATION INCENTIVE CREDITS) be approved for calendaring           
 at the Chair's discretion.  Hearing no objection, it was so                   
 ordered.                                                                      
 CHAIRMAN HALFORD brought  CSSSHB 249(STA) am  (ELECTRICAL/MECHANICAL     L    
 TRADESPERSONS) back  before the committee as the next order of                
 business.  The legislation had its first hearing before the                   
 committee on April 30.  He directed attention a proposed Rules SCS            
 which takes out the administrative fine of $5,000 and leaves in the           
 court fine increase from $300 to $5,000.                                      
                                                                               
 CHAIRMAN HALFORD noted there was a proposed amendment based on the            
 concerns expressed by the Sisters of Providence in Anchorage.  He             
 questioned if language in the amendment relating to a building                
 permit is establishing a licensing requirement that rides on a                
 municipalities determination as to whether they want to require a             
 permit or not requirement a permit.                                           
                                                                               
 REPRESENTATIVE GARY DAVIS, prime sponsor of SB 249, recommended               
 that the amendment not be adopted because he thinks it is already             
 in statute.  He said the drafting of the amendment was requested              
 prior to talking to the Sisters of Providence, and, since then,               
 they have talked to them and found their concern goes further than            
 repair and maintenance.  He added that the intent in including the            
 new language was to have some standard to gauge where the barrier             
 is between repair and construction.                                           
                                                                               
 After brief discussion on the amendment, it was agreed to delete              
 the language "and is not performed as part of a project that                  
 requires a building permit" at the end of the new paragraphs in the           
 amendment.  CHAIRMAN HALFORD then asked for a motion on the Rules             
 SCS.                                                                          
                                                                               
 SENATOR RIEGER moved that SCS CSSSHB 249(RLS) (version Y) be                  
 adopted.  Hearing no objection, the motion carried.                           
                                                                               
 SENATOR RIEGER moved that the following amendment be adopted:                 
                                                                               
 Page 7, line 30:  After "controls" insert ";                                
   (11)  electrical maintenance or repair work if the work                    
 is performed by the person as an employee of an owner or tenant of            
 commercial property as part of the employee's work duties with                
 respect to the property but is not offered or performed as a                  
 service to the public"                                                       
                                                                               
 Page 13, line 24:  After "building" insert ";                               
   (5)  mechanical maintenance or repair work if the work is                  
 performed by the person as an employee of an owner or tenant of               
 commercial property as part of the employee's work duties with                
 respect to the property but is not offered or performed as a                  
 service to the public"                                                       
                                                                               
 Hearing no objection, CHAIRMAN HALFORD stated the amendment was               
 adopted and would be incorporated into the Rules SCS.                         
                                                                               
 SENATOR RIEGER moved that SCS CSSSHB 249(RLS) be passed out of                
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            
                                                                               
 SENATOR RIEGER moved and asked unanimous consent that SCS CSSSHB              
 249(RLS) be approved for calendaring at the Chair's discretion.               
 Hearing no objection, it was so ordered.                                      
 CHAIRMAN HALFORD brought  CSHB 392(FIN) am  (PERMANENT FUND DIVIDEND     D    
 PROGRAM) before the committee as the next order of business.  He              
 directed attention to a proposed Rules SCS.                                   
                                                                               
 DAVID SKIDMORE, staff to Senator Steve Frank, explained that when             
 the bill was before the Senate Finance Committee, Senator Frank               
 proposed an amendment which rolled the provisions of SB 378 into HB           
 392.  SB 378 adds convicted incarcerated misdemeanors to the list             
 of individuals who are ineligible for a permanent fund dividend in            
 the subsequent, and it speeds up the process whereby this dividend            
 money is available to the Legislature for appropriation.  The                 
 effect of this in the transition year, FY 95, would be to allow a             
 second appropriation by the Legislature to the Department of                  
 Correction, the Court System, the Council on Domestic Violence &              
 Sexual Assault or the Crime Victim Compensation Fund.   He said               
 Senator Frank is now proposing to remove the provisions of SB 378             
 from HB 392 and let SB 378 stand on its own.  The House bill's                
 sponsor has also requested the provisions be removed.  The Rules              
 SCS removes the provisions of SB 378.                                         
                                                                               
 SENATOR JACKO moved that SCS CSHB 392(RLS) be adopted.  SENATOR               
 RIEGER objected, stating his concern at getting into a mode of                
 backing off of amendments that may be good public policy because of           
 the fear of what the House may do to them.  CHAIRMAN HALFORD stated           
 that if the maker of the amendment and the sponsor of the bill                
 agree to remove the amendment, he doesn't mind letting them do so.            
 SENATOR RIEGER removed his objection.  Hearing no further                     
 objection, the motion carried.                                                
                                                                               
 SENATOR JACKO moved that SCS CSHB 392(RLS) be passed out of                   
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            
                                                                               
 SENATOR JACKO moved and asked unanimous consent that SCS CSHB                 
 392(RLS) be approved for calendaring at the Chair's discretion.               
 Hearing no objection, it was so ordered.                                      
 SENATOR ZHAROFF requested that  CSHJR 55(RES)  (TONGASS NATIONAL              
 FOREST TIMBER HARVESTS) be brought before the committee for a                 
 calendaring motion.  Hearing no objection, CHAIRMAN HALFORD stated            
 the resolution was before the committee.                                      
                                                                               
 SENATOR RIEGER moved and asked unanimous consent that CSHJR 55(RES)           
 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 5:37 p.m.                                            
                                                                               

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