Legislature(2001 - 2002)

05/07/2001 01:22 PM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                     ALASKA STATE LEGISLATURE                                                                                   
                      SENATE RULES COMMITTEE                                                                                  
                            May 7, 2001                                                                                         
                             1:22 p.m.                                                                                          
                               DRAFT                                                                                            
                                                                                                                                
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 BILL NO. 186                                                                                                             
"An Act  establishing a limit  on the general  obligation debt  that                                                            
may  be  authorized  and  issued   by home   rule  and  general  law                                                            
municipalities; and providing for an effective date."                                                                           
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 49(FIN)                                                                                                   
"An Act extending  the termination date of the Board  of Parole; and                                                            
providing for an effective date."                                                                                               
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 71(FIN) am                                                                                                
"An Act relating to the  education of children with disabilities and                                                            
of  gifted   children;  relating   to  the  Governor's  Council   on                                                            
Disabilities and  Special Education; and providing  for an effective                                                            
date."                                                                                                                          
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN)                                                                            
"An Act providing  for and relating to the issuance  of certificates                                                            
of participation  to finance  construction of  a new facility  to be                                                            
known  as the Alaska  Psychiatric  Institute; giving  notice of  and                                                            
approving  the  entry  into  and the  issuance  of  certificates  of                                                            
participation  in a lease-purchase  agreement for construction  of a                                                            
new  facility  to be  known  as the  Alaska  Psychiatric  Institute;                                                            
giving  notice  of the  intent  and approval  to  retain  investment                                                            
income from  pertinent appropriations  to be applied to the  cost of                                                            
construction   of  a  new  facility  to  be  known   as  the  Alaska                                                            
Psychiatric  Institute; relating to  the construction of  a facility                                                            
to be known as  the Alaska Psychiatric Institute;  and providing for                                                            
an effective date."                                                                                                             
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE  BILL NO. 90(FIN)                                                                                                  
"An Act  relating  to reimbursement  of municipal  bonds for  school                                                            
construction; and providing for an effective date."                                                                             
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 102(JUD)                                                                                                  
"An Act relating to the theft of propelled vehicles."                                                                           
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
HOUSE BILL NO. 108                                                                                                              
"An Act  relating to the  accounting for  and appropriation  of fees                                                            
for recording  and  related services  by the  Department of  Natural                                                            
Resources; and providing for an effective date."                                                                                
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 115(HES)                                                                                                  
"An Act relating  to the definition of 'mental health  professional'                                                            
for certain  mental health proceedings  and treatments; relating  to                                                            
the services of  certain medical professionals in  civil proceedings                                                            
for  the commitment  of  certain  intoxicated  persons;  allowing  a                                                            
physician assistant  or advanced nurse  practitioner to certify  the                                                            
need  for emergency  treatment  as  a result  of  intoxication;  and                                                            
providing for an effective date."                                                                                               
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 167(STA)                                                                                                  
"An  Act  relating  to license  plates  for  Alaska  National  Guard                                                            
personnel  and for  antique  motor vehicles;  and  providing for  an                                                            
effective date."                                                                                                                
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 179(FIN)                                                                                                  
"An  Act  relating  to underage  drinking  and  drug  offenses;  and                                                            
providing for an effective date."                                                                                               
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 181(JUD)                                                                                                  
"An  Act  relating  to the  obligations  of  spouses,  to  insurance                                                            
policies  of spouses,  to  the nonprobate  transfer  of property  on                                                            
death  to  a community  property   trust, to  the  division  of  the                                                            
community property of spouses  at death, and to the Alaska Community                                                            
Property  Act; amending  Rule  301, Alaska  Rules  of Evidence;  and                                                            
providing for an effective date."                                                                                               
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 228(FIN)                                                                                                  
"An Act  relating to the  accounting of fees  from business  license                                                            
endorsements  for tobacco  products,  to the  disclosure of  certain                                                            
confidential   cigarette   and  tobacco  product   information,   to                                                            
notification  regarding  a cigarette  manufacturer's  noncompliance                                                             
with the tobacco  product Master Settlement  Agreement, to  business                                                            
license endorsements for  sale of tobacco products, to citations and                                                            
penalties for  illegal sales of tobacco products;  and providing for                                                            
an effective date."                                                                                                             
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
HOUSE BILL NO. 230                                                                                                              
"An Act relating  to wage and hour protections for  employees of the                                                            
Alaska Railroad  Corporation; and providing for an  effective date."                                                            
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 234(FIN) am                                                                                               
"An Act  relating to the  tobacco use education  and cessation  fund                                                            
and  to  smoking  education  and  cessation  programs;  relating  to                                                            
funding the  tobacco use education  and cessation fund; relating  to                                                            
financing  of construction  and major maintenance  of public  school                                                            
facilities, facilities  for the University of Alaska, and facilities                                                            
for ports and  harbors; authorizing  the commissioner of  revenue to                                                            
sell the right to receive  a portion of the anticipated revenue from                                                            
a   tobacco  litigation   settlement   to   the   Northern   Tobacco                                                            
Securitization  Corporation;  relating  to  the deposit  of  certain                                                            
anticipated   revenue   from  a   tobacco   litigation  settlement;                                                             
authorizing   the  issuance  of  bonds   by  the  Northern   Tobacco                                                            
Securitization  Corporation with proceeds  to finance public  school                                                            
construction  and major maintenance,  facilities for the  University                                                            
of Alaska, and  facilities for ports and harbors;  and providing for                                                            
an effective date."                                                                                                             
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 250(FIN)                                                                                                  
"An Act relating  to missions and measures to be applied  to certain                                                            
expenditures  by the executive  branch of  state government  and the                                                            
University of Alaska from  the state operating budget for the fiscal                                                            
year ending June 30, 2002; and providing for an effective date."                                                                
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 185(FIN)                                                                                                  
"An Act  relating to  fees for certain  uses of  state water,  other                                                            
than fees for traveling  upon state water, and to the accounting and                                                            
appropriation  of those  fees; relating  to authorizations  for  the                                                            
temporary use of state  water; making other amendments to the Alaska                                                            
Water Use Act; and providing for an effective date."                                                                            
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
SB 186 - See Finance minutes dated 5/3/01, 5/4/01 and 5/6/01.                                                                   
                                                                                                                                
HB 49 - See Judiciary minutes dated 5/4/01.                                                                                     
                                                                                                                                
HB 71 - See Finance Report dated 5/5/01.                                                                                        
                                                                                                                                
HB 76 - See HESS minutes dated 4/28/01 and Finance minutes dated                                                                
5/2/01 and 5/3/01.                                                                                                              
                                                                                                                                
HB 90 - See Finance Report dated 3/15/01.                                                                                       
                                                                                                                                
HB 102 - See Judiciary minutes dated 5/2/01.                                                                                    
                                                                                                                                
HB 108 - See Resources minutes dated 5/3/01 and Finance Report                                                                  
dated 5/6/01.                                                                                                                   
                                                                                                                                
HB 115 - See HESS minutes dated 4/28/01 and 5/5/01 and Judiciary                                                                
minutes dated 5/6/01.                                                                                                           
                                                                                                                                
HB 167 - See State Affairs minutes dated 5/5/01.                                                                                
                                                                                                                                
HB 181 - See Labor and Commerce minutes dated 5/2/01 and Judiciary                                                              
minutes dated 5/5/01.                                                                                                           
                                                                                                                                
HB 228 - See State Affairs minutes dated 5/3/01 and Finance Report                                                              
dated 5/6/01.                                                                                                                   
                                                                                                                                
HB 230 - See Judiciary minutes dated 4/30/01.                                                                                   
                                                                                                                                
HB 234 - See HESS minutes dated 5/03/01 and Finance Report dated                                                                
5/6/01.                                                                                                                         
                                                                                                                                
HB 250 - See Finance minutes dated 5/1/01 and 5/6/01.                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Carol Carroll                                                                                                               
Department of Natural Resources                                                                                                 
400 Willoughby Ave.                                                                                                             
Juneau, AK  99801-1724                                                                                                          
POSITION STATEMENT:  Answered questions regarding HB 185.                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-11, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRWOMAN DRUE PEARCE  called the Senate Rules Committee meeting to                                                          
order at 1:22 p.m.   Present  were Senators Cowdery, Phillips, Ellis                                                            
and Pearce.   Chairwoman  Pearce announced  that the committee  will                                                            
hear the bills that are in its possession at this time.                                                                         
                                                                                                                                
CHAIRWOMAN PEARCE  announced the Senate Finance Committee  adopted a                                                            
committee  substitute for  SB 186 and  that the  bill has a  revenue                                                            
generating fiscal note.                                                                                                         
                                                                                                                                
SENATOR PHILLIPS  moved to calendar SB 186-LIMIT MUNICIPAL  G.O.BOND                                                        
DEBT.                                                                                                                       
                                                                                                                                
SENATOR ELLIS objected.                                                                                                         
                                                                                                                                
The  motion  to calendar  SB  186  carried  with  Senators  Cowdery,                                                            
Phillips and  Pearce voting "yea,"  and Senator Ellis voting  "nay."                                                            
                                                                                                                                
SENATOR PHILLIPS moved  to calendar CSHB  49(FIN)-EXTEND TERMINATION                                                        
DATE  FOR BD  OF  PAROLE.   There  being no  objection,  the  motion                                                        
carried.                                                                                                                        
                                                                                                                                
SENATOR PHILLIPS  moved to calendar CSHB  71(FIN)-EDUC.  OF DISABLED                                                        
OR GIFTED CHILDREN.   There being no objection, the  motion carried.                                                        
                                                                                                                                
CHAIRWOMAN PEARCE  announced the Senate Finance Committee  adopted a                                                            
committee substitute for SSHB  76-NEW FACILITIES FOR API.                                                                   
                                                                                                                                
SENATOR  COWDERY   moved  to  calendar  SSHB  76.   There  being  no                                                            
objection, the motion carried.                                                                                                  
                                                                                                                                
SENATOR  PHILLIPS moved  to calendar  HB  90-MUNICIPAL  SCHOOL  BOND                                                        
REIMBURSEMENT.  There being no objection, the motion carried.                                                               
                                                                                                                                
SENATOR PHILLIPS moved  to calendar CSHB 102(JUD)-THEFT OF PROPELLED                                                        
VEHICLES.  There being no objection, the motion carried.                                                                    
                                                                                                                                
SENATOR  PHILLIPS moved to  calendar HB  108-DEPT NATURAL  RESOURCES                                                        
RECORDING FEES.  There being no objection, the motion carried.                                                              
                                                                                                                                
CHAIRWOMAN PEARCE  announced that the Senate HESS  Committee adopted                                                            
a  committee  substitute  for  CSHB  115(HES)-EMERGENCY   COMMITMENT                                                        
ORDERS AND TREATMENT.                                                                                                       
                                                                                                                                
SENATOR PHILLIPS  moved to calendar  CSHB 115(HES).  There  being no                                                            
objection, the motion carried.                                                                                                  
                                                                                                                                
SENATOR  PHILLIPS moved  to calendar  HB  167-MOTOR VEH.LIC.PLATES:                                                         
NATL GUARD/ANTIQUE.   There being no objection, the  motion carried.                                                        
                                                                                                                                
CHAIRWOMAN  PEARCE announced the committee  did not have  HB 132, HB                                                            
172 or HB 185 in its possession at this time.                                                                                   
                                                                                                                                
SENATOR COWDERY  moved to calendar  HB 179-UNDERAGE DRINKING  & DRUG                                                        
OFFENSES.  There being no objection, the motion carried.                                                                    
                                                                                                                                
CHAIRWOMAN  PEARCE  announced  that Senator  Therriault  joined  the                                                            
committee.                                                                                                                      
                                                                                                                                
SENATOR    PHILLIPS    moved   to    calendar    HB   181-COMMUNITY                                                         
PROPERTY/OBLIGATIONS  OF  SPOUSES.   There being  no objection,  the                                                        
motion carried.                                                                                                                 
                                                                                                                                
SENATOR PHILLIPS moved  to calendar HB 228-SALE OF TOBACCO PRODUCTS.                                                        
There being no objection, the motion carried.                                                                                   
                                                                                                                                
SENATOR COWDERY moved to  calendar HB 230-RAILROAD EMPLOYEE SALARIES                                                        
AND WAGES.  There being no objection, the motion carried.                                                                   
                                                                                                                                
CHAIRWOMAN PEARCE  announced the Senate Finance Committee  adopted a                                                            
committee substitute  for HB 234-TOBACCO  SETTLEM'T:BONDS  & SMOKING                                                        
PROGRAM and a new fiscal note.                                                                                              
                                                                                                                                
SENATOR COWDERY moved to calendar CSHB 234(FIN)am.                                                                              
                                                                                                                                
SENATOR ELLIS  objected and  commented that  he believes the  Senate                                                            
Finance Committee  should have included  the 20 percent for  tobacco                                                            
cessation  efforts, as  the House  did.   In addition,  he does  not                                                            
believe the  bill contains  an adequate commitment  to rural  school                                                            
construction and rural and urban maintenance projects.                                                                          
                                                                                                                                
SENATOR  THERRIAULT said  that although  he shares  Senator  Ellis's                                                            
concern  about  the  cessation   program,  Section  2  sets  up  the                                                            
cessation fund.                                                                                                                 
                                                                                                                                
The  motion  to  calendar  CSHB  234(FIN)am  carried  with  Senators                                                            
Cowdery, Therriault and  Pearce voting "yea," and Senators Ellis and                                                            
Phillips voting "nay."                                                                                                          
                                                                                                                                
CHAIRWOMAN PEARCE  announced the Senate Finance Committee  adopted a                                                            
committee  substitute  for  HB  250-OPERATING  BUDGET  MISSIONS  AND                                                        
MEASURES.                                                                                                                   
                                                                                                                                
SENATOR  PHILLIPS  moved  to  calendar  HB  250.    There  being  no                                                            
objection, the motion carried.                                                                                                  
                                                                                                                                
CHAIRWOMAN PEARCE  noted the House Finance Committee  substitute for                                                            
HB 185-ALASKA  WATER USE ACT  & FEES is before  the committee.   The                                                        
House Finance Committee  put in a repeal date of July 1, 2002 so the                                                            
water use issues  will have to be  reviewed by the legislature  next                                                            
year.  This  version allows the Department  of Natural Resources  to                                                            
do the temporary  use of state water authorizations  for this coming                                                            
year.   The Senate version  was sitting in  Senate Rules; the  House                                                            
bill  came  to  the Senate  and  was  waived  to  the  Senate  Rules                                                            
Committee, therefore public testimony will be taken.                                                                            
                                                                                                                                
MS.  CAROL  CARROLL, legislative   liaison from  the  Department  of                                                            
Natural Resources, said she was available to answer questions.                                                                  
                                                                                                                                
SENATOR THERRIAULT asked for a synopsis of lines 9-12 on page 3.                                                                
                                                                                                                                
MS. CARROLL explained the language on lines 9-12 confirms that the                                                              
temporary water permits, which have already been issued, are still                                                              
valid.                                                                                                                          
                                                                                                                                
There being no further testimony or questions, SENATOR COWDERY                                                                  
moved to calendar CSHB 185(FIN).  There being no objection, the                                                                 
motion carried.                                                                                                                 
                                                                                                                                
There being no further business to come before the committee,                                                                   
CHAIRWOMAN PEARCE recessed the meeting to a call of the Chair at                                                                
1:37 p.m.                                                                                                                       
                                                                                                                                
                                                                                                                                

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