Legislature(1995 - 1996)

04/30/1995 05:42 PM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                     SENATE RULES COMMITTEE                                    
                         April 30, 1995                                        
                           5:42 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Mike Miller, Chair                                                    
 Senator Drue Pearce, Vice Chair                                               
 Senator Bert Sharp                                                            
 Senator Jim Duncan                                                            
 Senator Judy Salo                                                             
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE CONCURRENT RESOLUTION NO. 13                                           
 Recognizing the women who have served Alaska as state or                      
 territorial legislators and celebrating 100 years of women serving            
 as state legislators.                                                         
                                                                               
 SENATE CONCURRENT RESOLUTION NO. 18                                           
 Honoring the military veterans of World War II and commemorating              
 the 50th anniversary of the end of World War II.                              
                                                                               
 SENATE JOINT RESOLUTION NO. 22                                                
 Requesting research on fisheries and marine mammals in the Bering             
 Sea.                                                                          
                                                                               
 SENATE BILL NO. 18                                                            
 "An Act relating to an advisory vote during regional educational              
 attendance area school board elections; and providing for an                  
 effective date."                                                              
                                                                               
 SENATE BILL NO. 166                                                           
 "An Act relating to the date by which a borough school board is               
 required to submit a school budget to the borough assembly and the            
 date by which the borough assembly is required to appropriate money           
 from local sources for public schools; and providing for an                   
 effective date."                                                              
                                                                               
 CS FOR HOUSE BILL NO. 13(STA)                                                 
 "An Act requiring persons filing for nomination for, or campaigning           
 for election for, state elective office, persons authorized to make           
 or incur political campaign expenditures before formally filing for           
 nomination to state elective office, and groups acting on behalf of           
 any of these, to file certain election campaign finance disclosure            
 reports."                                                                     
                                                                               
 CS FOR HOUSE BILL NO. 39(JUD)                                                 
 "An Act relating to the authority of mobile intensive care                    
 paramedics, physician assistants, and emergency medical technicians           
 to pronounce death under certain circumstances."                              
                                                                               
 SENATE BILL NO. 105                                                           
 "An Act relating to a requirement that a parent, guardian, or                 
 custodian consent before a minor receives an abortion; establishing           
 a judicial bypass procedure by which a minor may petition a court             
 for authorization to consent to an abortion without consent of a              
 parent, guardian, or custodian; amending the definition of                    
 `abortion'; and amending Alaska Rules of Civil Procedure 40, 53,              
 and 79; Alaska Rules of Appellate Procedure 204, 210, 212, 213,               
 508, and 512.5; and Alaska Administrative Rule 9."                            
                                                                               
 SENATE BILL NO. 54                                                            
 "An Act relating to exclusive service areas for utilities                     
 certificated to provide electric utility service and to the                   
 definition of 'general public' for utilities furnishing electric              
 service."                                                                     
                                                                               
 SENATE BILL NO. 130                                                           
 "An Act relating to marine pilots and the Board of Marine Pilots;             
 extending the termination date of the Board of Marine Pilots; and             
 providing for an effective date."                                             
                                                                               
 SENATE BILL NO. 172                                                           
 "An Act eliminating 'monte carlo' nights as an authorized form of             
 charitable gaming; and providing for an effective date."                      
                                                                               
 SENATE CONCURRENT RESOLUTION NO. 19                                           
 Establishing the Blue Ribbon Commission on Gaming and Gambling and            
 relating to commission recommendations regarding gaming and                   
 gambling in the state.                                                        
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SCR 13 - See Community & Regional Affairs minutes dated 4/28/95.              
                                                                               
 SCR 18 - State Affairs referral waived 4/29/95.                               
          Rules minutes 4/30/95.                                               
                                                                               
 SJR 22 - See Resources minutes dated 4/26/95 and 4/28/95.                     
                                                                               
 SB 18 - See Health, Education & Social Services minutes dated                 
         4/26/95.                                                              
     Community & Regional Affairs referral waived 4/27/95.                     
         Finance report 4/29/95.                                               
                                                                               
 SB 166 - See Community & Regional Affairs minutes                             
          dated 4/28/95.                                                       
                                                                               
 HB 13 - See State Affairs minutes dated 4/25/95.                              
     Judiciary minutes 4/29/95.                                                
                                                                               
 HB 39 - See Health, Education & Social Services minutes dated                 
         3/6/95.                                                               
     Judiciary minutes dated 4/29/95.                                          
                                                                               
 SB 105 - See Health, Education & Social Services minutes dated                
          3/20/95 and 3/22/95.                                                 
      See Judiciary minutes dated 4/10/95 and 4/12/95.                         
                                                                               
 SB  54 - See State Affairs minutes dated 2/14/95 and 3/9/95 and               
          Labor and Commerce minutes dated 3/21/95.                            
      Finance report 4/18/95.                                                  
                                                                               
 SB 130 - See Resources minutes dated 3/20/95 and 4/12/95.  See                
          Resources Subcommittee minutes dated 3/23/95 and 4/6/95.             
          See Resources Committee minutes dated 4/19/95.                       
      Finance report 4/30/95.                                                  
                                                                               
 SB 172 - Finance report 4/30/95.                                              
                                                                               
 SCR 19 - Finance report 4/30/95.                                              
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Gail Horetski, Assistant Attorney General                                     
 Commercial Section                                                            
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, AK 99811-0300                                                         
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 95-7, SIDE A                                                             
                                                                               
  CHAIRMAN MILLER  called the Senate Rules Committee meeting to order          
 at 5:42 p.m.                                                                  
                                                                               
 CHAIRMAN MILLER brought  SCR 13  (100TH YEAR OF WOMEN IN STATE                
 LEGISLATURES) before the committee.  Hearing no discussion, he                
 asked for the pleasure of the committee.                                      
                                                                               
 SENATOR PEARCE moved and asked unanimous consent that SCR 13 be               
 approved for calendaring.  Hearing no objection, it was so ordered.           
 CHAIRMAN MILLER brought  SCR 18  (ANNIVERSARY OF END OF WORLD WAR II)         
 before the committee.  Hearing no discussion, he asked for the                
 pleasure of the committee.                                                    
                                                                               
 SENATOR PEARCE moved and asked unanimous consent that SCR 18 be               
 approved for calendaring.  Hearing no objection, it was so ordered.           
 CHAIRMAN MILLER brought  SJR 22  (FISH & MARINE MAMMAL RESEARCH               
 BERING SEA) before the committee.   Hearing no discussion, he asked           
 for the pleasure of the committee.                                            
                                                                               
 SENATOR DUNCAN moved and asked unanimous consent that SJR 22 be               
 approved for calendaring.  Hearing no objection, it was so ordered.           
 CHAIRMAN MILLER brought  SB 18  (REAA ADVISORY VOTES) before the              
 committee.  Hearing no discussion, he asked for the pleasure of the           
 committee.                                                                    
                                                                               
 SENATOR DUNCAN moved and asked unanimous consent that SB 18 be                
 approved for calendaring.  Hearing no objection, it was so ordered.           
 CHAIRMAN MILLER brought  SB 166  (BUDGET DEADLINE FOR BOROUGH SCHOOL          
 BOARD) before the committee.  Hearing no discussion, he asked for             
 the pleasure of the committee.                                                
                                                                               
 SENATOR PEARCE moved and asked unanimous consent that SB 166 be               
 approved for calendaring.  Hearing no objection, it was so ordered.           
 CHAIRMAN MILLER brought  CSHB 13(STA)  (CAMPAIGN FILINGS &                    
 DISCLOSURES) before the committee.  Hearing no discussion, he asked           
 for the pleasure of the committee.                                            
                                                                               
 SENATOR SHARP moved and asked unanimous consent that CSHB 13(STA)             
 be approved for calendaring.  Hearing no objection, it was so                 
 ordered.                                                                      
 CHAIRMAN MILLER brought  CSHB 39(JUD)  (AUTHORITY TO PRONOUNCE DEATH)         
 before the committee.  Hearing no discussion, he asked for the                
 pleasure of the committee.                                                    
                                                                               
 SENATOR PEARCE moved and asked unanimous consent that CSHB 39(JUD)            
 be approved for calendaring.  Hearing no objection, it was so                 
 ordered.                                                                      
 CHAIRMAN MILLER brought  SB 105  (PARENTAL CONSENT BEFORE MINOR'S             
 ABORTION) before the committee.  Hearing no discussion, he asked              
 for the pleasure of the committee.                                            
                                                                               
 SENATOR SHARP moved and asked unanimous consent that SB 105 be                
 approved for calendaring.  SENATOR SALO objected.  The roll was               
 taken with the following result:  Senators Pearce, Sharp and Miller           
 voted "Yea" and Senators Duncan and Salo voted "Nay."  The Chairman           
 stated motion carried.                                                        
 CHAIRMAN MILLER brought  SB 54  (ELECTRIC UTIL & SOLID WASTE REMOVAL)         
 before the committee.                                                         
                                                                               
 SENATOR PEARCE stated her objection to the Finance CS, but said she           
 would not oppose a calendaring motion on the bill.                            
                                                                               
 SENATOR SHARP moved and asked unanimous consent that SB 54 be                 
 approved for calendaring.  Hearing no objection, it was so ordered.           
 CHAIRMAN MILLER stated  SB 130  (MARINE PILOTS) would be held until           
 later in the meeting to await an opinion requested from the                   
 Division of Legal Services.                                                   
 CHAIRMAN MILLER brought  SB 172  (ELIMINATE MONTE CARLO NIGHTS)               
 before the committee.  Hearing no discussion, he asked for the                
 pleasure of the committee.                                                    
                                                                               
 SENATOR PEARCE moved and asked unanimous consent that SB 172 be               
 approved for calendaring.  SENATOR DUNCAN objected.  The roll was             
 taken with the following result:  Senators Sharp, Pearce and Miller           
 voted "Yea" and Senators Salo and Duncan voted "Nay."  The Chairman           
 stated the motion carried.                                                    
 CHAIRMAN MILLER brought  SCR 19  (BLUE RIBBON COMMISSION ON GAMING)           
 before the committee.  Hearing no discussion, he asked for the                
 pleasure of the committee.                                                    
                                                                               
 SENATOR PEARCE moved and asked unanimous consent that SCR 19 be               
 approved for calendaring.  Hearing no objection, it was so ordered.           
 CHAIRMAN MILLER brought  SB 130  (MARINE PILOTS) back before the              
 committee.                                                                    
                                                                               
 SENATOR PEARCE clarified that the reason an opinion was requested             
 was because the Finance Committee had added a minority amendment              
 that is most likely unconstitutional.                                         
                                                                               
 GAIL HORETSKI, an assistant attorney general in the Civil Division            
 of the Department of Law, stated the Department of Commerce and the           
 Department of Law view SB 130 as a very important piece of                    
 legislation, because the Board of Marine Pilots, which regulates              
 the industry of marine pilots in the state and licenses the pilots,           
 sunsetted in 1994 and is now in its wind-down year.                           
                                                                               
 Section 1 of the legislation extends the board to 1999, which, she            
 said, is absolutely crucial during this legislative session.  The             
 remainder of the bill contains a variety of technical amendments              
 that were proposed by the Department of Commerce and the Department           
 of Law in an attempt to clear up ambiguities in the existing Marine           
 Pilot Act, which was substantially amended in 1991, and cut down on           
 the level of litigation that has plagued the board.                           
                                                                               
 Ms. Horetski informed the committee that in the last two to three             
 days the Department of Commerce, the Department of Law, the                   
 industry and marine pilots have had substantial discussions on this           
 issue to hammer out the committee substitute that appeared before             
 the Finance Committee.  She said the bill contains a hard fought              
 compromise among all parties that provides that all pilot                     
 associations in the state can set their own rates for vessel                  
 movements.                                                                    
                                                                               
 Ms. Horetski explained that the language which appears as Section             
 9 in the Finance CS was added as a conceptual amendment by Senator            
 Donley.  In addition to the prohibition against being licensed in             
 more than one region at a time, it provides that a pilot license              
 under this chapter may not hold a marine license issued in another            
 state or country.  If there are present marine pilots that hold a             
 license in Alaska and they choose to renew that license, but they             
 hold a marine license issued by another state, they must choose               
 either to give up their license in the other state or to give up              
 their Alaska license.  The department has serious concerns with               
 Section 9 and its due process implications, equal protection                  
 implications, etc.                                                            
                                                                               
 CHAIRMAN MILLER asked Ms. Horetski if she was aware of any other              
 professions in the state of Alaska that require giving up a license           
 in another state before being licensed in Alaska.  GAIL HORETSKI              
 responded that she was not aware of any.                                      
                                                                               
 SENATOR DUNCAN asked if Ms. Horetski was suggesting that Section 9            
 should be eliminated, and she responded that she was.                         
                                                                               
 CHAIRMAN MILLER stated if would entertain a motion on Section 9.              
                                                                               
 SENATOR PEARCE moved that a Rules CS be drafted which eliminates              
 Section 9.  Hearing no objection, it was so ordered.                          
                                                                               
 SENATOR PEARCE moved and asked unanimous that CSSB 130(RLS) be                
 approved for calendaring.  Hearing no objection, it was so ordered.           
 There being no further business to come before the committee, the             
 meeting was adjourned at 6:02 p.m.                                            
                                                                               

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