Legislature(2001 - 2002)

05/01/2001 12:15 PM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                     ALASKA STATE LEGISLATURE                                                                                   
                      SENATE RULES COMMITTEE                                                                                  
                            May 1, 2001                                                                                         
                            12:15 p.m.                                                                                          
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Drue Pearce, Chair                                                                                                      
Senator John Cowdery, Vice Chair                                                                                                
Senator Randy Phillips                                                                                                          
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All Members Present                                                                                                             
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 24                                                                                                  
Proposing  amendments to  the Constitution  of the  State of  Alaska                                                            
relating to the budget reserve fund.                                                                                            
     ADOPTED A SENATE RULES COMMITTEE SUBSTITUTE AND APPROVED ALL                                                               
     VERSIONS FOR CALENDARING                                                                                                   
                                                                                                                                
SENATE BILL NO. 83                                                                                                              
"An Act relating  to construction  of highways by the Department  of                                                            
Transportation and Public Facilities."                                                                                          
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
SENATE BILL NO. 151                                                                                                             
"An Act relating  to the Bristol Bay  Salmon Classic; and  providing                                                            
for an effective date."                                                                                                         
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
SENATE BILL NO. 176                                                                                                             
"An Act relating to distributorships."                                                                                          
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 99(HES)                                                                                                   
"An  Act relating  to school  discipline  and safety  programs;  and                                                            
providing for an effective date."                                                                                               
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 149(FIN)(title am)                                                                                        
"An  Act  expressing  legislative   intent  regarding  correctional                                                             
facility   space;   relating   to   correctional   facility   space;                                                            
authorizing  the   Department  of  Corrections   to  enter  into  an                                                            
agreement  to  lease facilities  for  the  confinement  and care  of                                                            
prisoners within  the Kenai Peninsula Borough; and  providing for an                                                            
effective date."                                                                                                                
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
SJR 24 - See Finance Report dated 4/24/01.                                                                                      
                                                                                                                                
SB 83 - See Transportation  minutes dated 3/13/01 and Finance Report                                                            
dated 4/25/01.                                                                                                                  
                                                                                                                                
SB 151 - See Labor and Commerce minutes dated 4/28/01.                                                                          
                                                                                                                                
SB 176 - See Judiciary minutes dated 4/25/01.                                                                                   
                                                                                                                                
HB 99 - See HESS minutes dated 4/20/01.                                                                                         
                                                                                                                                
HB 149 - See Finance Report dated 4/27/01.                                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Senator Dave Donley                                                                                                             
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Answered questions about CSSJR 24(RLS).                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-8, SIDE A                                                                                                             
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRWOMAN DRUE PEARCE  called the Senate Rules Committee meeting to                                                          
order at  12:15 p.m. All  members were present.   Chairwoman  Pearce                                                            
announced the  committee would hold  its substantive hearing  on SJR
24 first.                                                                                                                       
                                                                                                                                
          SJR 24-AMEND CONSTITUTIONAL BUDGET RESERVE FUND                                                                   
                                                                                                                                
SENATOR  COWDERY moved  to adopt CSSJR  24(RLS),  Version L,  as the                                                            
working document  of the committee.   There being no objection,  the                                                            
motion carried.                                                                                                                 
                                                                                                                                
SENATOR  DAVE DONLEY,  Co-Chair  of  the Senate  Finance  Committee,                                                            
sponsor  of SJR  24, explained  the  intent of  this constitutional                                                             
amendment is  to restore the original  intent of the constitutional                                                             
budget  reserve  (CBR)  as  adopted.   The  original  draft  of  the                                                            
legislation  contained a provision  for an  automatic draw  from the                                                            
CBR for  the amount  of money in  the budget that  was less  than or                                                            
equal to the prior year's  appropriation.  That was not requested by                                                            
the Senate Finance Committee.   The Committee debated that provision                                                            
and worked  with the Legislative  Finance Division.   All agreed  it                                                            
would be  better to  have a separate  simple majority  vote  for the                                                            
withdrawal  of CBR  funds.   That  is the  only change  made to  the                                                            
Senate Rules Committee substitute.                                                                                              
                                                                                                                                
CHAIRWOMAN  PEARCE asked if there  would be a separate section  that                                                            
would trigger another CBR vote.                                                                                                 
                                                                                                                                
SENATOR DONLEY  answered there would probably be a  separate section                                                            
in the budget  that would require a separate vote  to withdraw money                                                            
from the CBR.                                                                                                                   
                                                                                                                                
There  being no  further  questions  or testimony,  SENATOR  COWDERY                                                            
moved to calendar all Senate versions of SJR 24.                                                                                
                                                                                                                                
SENATOR ELLIS objected.                                                                                                         
                                                                                                                                
The motion  to calendar all Senate  versions of SJR 24 carried  with                                                            
Senators Cowdery, Phillips,  Therriault and Pearce voting "yea," and                                                            
Senator Ellis voting "nay."                                                                                                     
                                                                                                                                
SENATOR COWDERY  moved to calendar  all Senate versions of   SB  83-                                                        
CONSTRUCTION OF HIGHWAYS BY DOTPF.                                                                                          
                                                                                                                                
SENATOR  ELLIS  objected  for  the  reason  that  he  believes  this                                                            
legislation  was  set in  motion  because  of the  force  accounting                                                            
system  used  by  the   Department  of  Transportation   and  Public                                                            
Facilities (DOTPF) on the  St. Mary's project.  He noted the experts                                                            
have  looked   into  that   project  and   found  a  well   managed,                                                            
comparatively  inexpensive project that will deliver  great benefits                                                            
to that rural village.   He believes this bill is a step backward in                                                            
terms of  workforce development  and providing  cash paying  jobs in                                                            
Native  villages across  the state.   For that  reason, he  strongly                                                            
opposes SB 83.                                                                                                                  
                                                                                                                                
SENATOR COWDERY commented  that this bill would allow the St. Mary's                                                            
project to proceed  as planned because of the effective  date and it                                                            
allows  DOTPF to  use a force  account  if no  responsible bids  are                                                            
submitted for projects costing more than $500,000.                                                                              
                                                                                                                                
SENATOR THERRIAULT  asked if the Senate Finance Committee  increased                                                            
the amount from $250,000 to $500,000.                                                                                           
                                                                                                                                
SENATOR COWDERY said that is correct.                                                                                           
                                                                                                                                
CHAIRWOMAN  PEARCE  said  she  has a  continuing  concern  that  the                                                            
Division of  Legal Services is reviewing  about how this  bill might                                                            
affect  Transfer   of  Responsibility   Agreements  (TORAs),   where                                                            
municipal,  state and federal  funding is used  to build a  project.                                                            
It is  her understanding  that  Senator  Cowdery did  not intend  to                                                            
reach into TORAs.                                                                                                               
                                                                                                                                
SENATOR COWDERY said that  was not his intention but he does not see                                                            
anything wrong  with using a competitive  bid process.  He  intended                                                            
SB 83 to apply to DOTPF projects only.                                                                                          
                                                                                                                                
CHAIRWOMAN  PEARCE said  she may offer  an amendment  on the  Senate                                                            
floor to exempt TORAs.                                                                                                          
                                                                                                                                
The motion  to calendar all  Senate versions  of SB 83 carried  with                                                            
Senator Phillips,  Therriault, Cowdery and Pearce  voting "yea," and                                                            
Senator Ellis voting "nay."                                                                                                     
                                                                                                                                
SENATOR  ELLIS moved  to calendar  all  Senate versions  of SB  151-                                                        
BRISTOL BAY SALMON CLASSIC.                                                                                                 
                                                                                                                                
SENATOR PHILLIPS objected because he opposes gambling.                                                                          
                                                                                                                                
The  motion  to calendar  SB  151  carried  with  Senators  Cowdery,                                                            
Therriault,  Pearce and  Ellis voting  "yea,"  and Senator  Phillips                                                            
voting "nay."                                                                                                                   
                                                                                                                                
SENATOR PHILLIPS  moved to calendar  all Senate versions  of SB 176-                                                        
DISTRIBUTORSHIPS   and informed   committee  members  that  he  will                                                        
propose  an amendment  to  change  the title  on the  Senate  floor.                                                            
There being no objection, the motion carried.                                                                                   
                                                                                                                                
CHAIRWOMAN PEARCE announced  that CSHB 99(HES)-SCHOOL DISCIPLINE AND                                                        
SAFETY PROGRAMS was before the committee.                                                                                   
                                                                                                                                
SENATOR THERRIAULT  commented  that he is not  opposed to what  this                                                            
bill  proposes  to do  but it  is one  more  instance  of the  state                                                            
stepping in and telling  the local school districts how to run their                                                            
business.   He  believes  most school  districts  would  go in  this                                                            
direction, if  they have not already.  The districts  have expressed                                                            
concern  about  unfunded  mandates  yet  there  is  no  fiscal  note                                                            
attached  to this bill.   He  noted he will  be a  "no" vote  on the                                                            
Senate floor.                                                                                                                   
                                                                                                                                
SENATOR PHILLIPS  moved to  calendar CSHB 99(HES).   There  being no                                                            
objection, the motion carried.                                                                                                  
                                                                                                                                
CHAIRWOMAN PEARCE announced  that HB 149-PRIVATE PRISON IN KENAI was                                                        
before the committee.   She noted that the Senate  Finance Committee                                                            
adopted Version W as a committee substitute.                                                                                    
                                                                                                                                
SENATOR COWDERY moved to calendar SCS CSHB 149(FIN).                                                                            
                                                                                                                                
SENATOR ELLIS objected.                                                                                                         
                                                                                                                                
The motion  carried  with Senators  Therriault,  Cowdery and  Pearce                                                            
voting "yea," and Senators Phillips and Ellis voting "nay."                                                                     
                                                                                                                                
There  being no  further  business  to come  before  the  committee,                                                            
CHAIRWOMAN PEARCE adjourned the meeting at 12:28 p.m.                                                                           
                                                                                                                                
                                                                                                                                

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