Legislature(2001 - 2002)

04/10/2002 10:38 AM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                     SENATE RULES COMMITTEE                                                                                   
                         April 10, 2002                                                                                         
                           10:38 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Randy Phillips, Chair                                                                                                   
Senator John Cowdery, Vice Chair                                                                                                
Senator Rick Halford                                                                                                            
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gene Therriault                                                                                                         
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 205                                                                                                             
"An  Act  relating  to  control  of  nuisance  wild  animals;  and                                                              
providing for an effective date."                                                                                               
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
SENATE BILL NO. 263                                                                                                             
"An Act relating to the subsequent  acquisition of title to, or an                                                              
interest in,  real property by a  person to whom the  property has                                                              
purportedly been granted  in fee or fee simple;  and providing for                                                              
an effective date."                                                                                                             
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
SENATE BILL NO. 269                                                                                                             
"An Act  naming bridge  number 1121,  across the  Knik River,  the                                                              
Sergeant James  Bondsteel Bridge  of Honor;  and providing  for an                                                              
effective date."                                                                                                                
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
SENATE BILL NO. 274                                                                                                             
"An  Act relating  to  issuance of  a locum  tenens  permit for  a                                                              
physician or osteopath; and providing for an effective date."                                                                   
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
SENATE BILL NO. 324                                                                                                             
"An  Act providing  that a  utility or  electric operating  entity                                                              
owned  and  operated  by  a political  subdivision  of  the  state                                                              
competing  directly  with  a  telecommunications  utility  is  not                                                              
subject to the Alaska Public Utilities Regulatory Act."                                                                         
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
SB 205 - See Resources minutes dated 3/15/02 and 3/25/02.                                                                       
                                                                                                                                
SB  263  - See  Labor  and  Commerce minutes  dated  2/12/02,  and                                                              
Judiciary minutes dated 3/4/02 and 3/27/02.                                                                                     
                                                                                                                                
SB 269 - See Transportation minutes dated 2/26/02.                                                                              
                                                                                                                                
SB  274  -  See Labor  and  Commerce  minutes  dated  2/12/02  and                                                              
2/28/02.                                                                                                                        
                                                                                                                                
SB 324  - See Labor and  Commerce minutes dated  3/5/02, Judiciary                                                              
minutes dated 3/20/02 and 3/25/02.                                                                                              
                                                                                                                                
SB 345 - See HESS minutes dated 3/15/02  and Finance minutes dated                                                              
3/27/02.                                                                                                                        
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Jon Tillinghast                                                                                                             
Simpson, Tillinghast, Sorenson and Longenbaugh                                                                                  
One Sealaska Plaza                                                                                                              
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Answered questions about SB 263.                                                                         
                                                                                                                                
Ms. Carol Carroll                                                                                                               
Department of Military &                                                                                                        
  Veterans Affairs                                                                                                              
PO Box 5800                                                                                                                     
Ft Richardson, AK  99505-0800                                                                                                   
POSITION STATEMENT:  Answered questions about SB 269                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-6, SIDE A                                                                                                             
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRMAN RANDY PHILLIPS called the  Senate Rules Committee meeting                                                            
to  order at  10:38 a.m.   Senators  Cowdery,  Halford, Ellis  and                                                              
Phillips were present.                                                                                                          
                                                                                                                                
                                                                                                                                
SENATOR COWDERY moved to calendar  SB 205-CONTROL OF NUISANCE WILD                                                          
ANIMALS at the Chairman's discretion.                                                                                       
                                                                                                                                
SENATOR  ELLIS  suggested  amending  SB 205  to  include  nuisance                                                              
legislators. He then noted he has no objection to the motion.                                                                   
                                                                                                                                
CHAIRMAN PHILLIPS  announced that with no objection,  SB 205 would                                                              
be calendared.                                                                                                                  
                                                                                                                                
CHAIRMAN  PHILLIPS  announced  that  the committee  would  have  a                                                              
substantive  hearing  on  SB  263-AFTER  ACQUIRED  TITLE  IN  REAL                                                          
PROPERTY.                                                                                                                   
                                                                                                                                
MR. JON TILLINGHAST, representing  Sealaska Corporation, explained                                                              
the intent of  SB 263 is to allow ANCSA regional  corporations, as                                                              
the  owner  of   the  subsurface,  to  work  out   acceptable  use                                                              
agreements  with owners  of surface rights.  The Senate  Judiciary                                                              
Committee decided  to restrict  SB 263  to ANCSA property  because                                                              
that's where  the initial  problem arose.  Sealaska supports  that                                                              
decision. He  noted that  a drafting problem  arose in  the Senate                                                              
Judiciary substitute in  that it can be read to say  that the bill                                                              
only applies  if the surface owner  is a Native  corporation. That                                                              
was  not the  intent:  the  intent is  that  it applies  to  ANCSA                                                              
property  no matter  who  owns the  surface.  The proposed  Senate                                                              
Rules Committee  Substitute (CS)  removes that ambiguity  (page 2,                                                              
lines 3-6)  by defining  ANCSA property as  real property  that at                                                              
some point in the chain of title  came from the federal government                                                              
to a  regional corporation.  It will  apply to  property that  has                                                              
been reconveyed several times.                                                                                                  
                                                                                                                                
SENATOR ELLIS  moved to adopt the  Senate Rules CS as  the working                                                              
document of  the committee. There  being no objection,  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR  ELLIS moved  CSSB 263(RLS)  and  its accompanying  fiscal                                                              
notes   from  committee   for   calendaring   at  the   Chairman's                                                              
discretion.                                                                                                                     
                                                                                                                                
There  being no  objection,  CHAIRMAN  PHILLIPS  noted the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
The committee took up SB 269-NAMING BONDSTEEL BRIDGE OF HONOR.                                                              
                                                                                                                                
SENATOR  COWDERY asked  if bridge  1121 is  the Northbound  bridge                                                              
that crosses the Knik River.                                                                                                    
                                                                                                                                
CHAIRMAN PHILLIPS said he believes that is correct.                                                                             
                                                                                                                                
SENATOR COWDERY  moved to  calendar SB  269 with its  accompanying                                                              
fiscal note at the Chairman's discretion.                                                                                       
                                                                                                                                
There being no  objection, CHAIRMAN PHILLIPS announced  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
MS. CAROL  CARROLL, Department of  Military and Veterans  Affairs,                                                              
verified that bridge 1121 is the Northbound bridge.                                                                             
                                                                                                                                
SENATOR HALFORD moved to calendar  SB 274-PHYSICIANS' LOCUM TENENS                                                          
PERMITS with its accompanying fiscal note.                                                                                  
                                                                                                                                
There being no  objection, CHAIRMAN PHILLIPS announced  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR COWDERY  moved to calendar SB 324-PUBLIC  UTILITIES EXEMPT                                                          
FROM  REGULATION   with  its  accompanying  fiscal   note  at  the                                                          
Chairman's discretion.                                                                                                          
                                                                                                                                
SENATOR  ELLIS  asked if  the  idea  of SB  324  is to  allow  the                                                              
Regulatory  Commission  of Alaska  (RCA)  to continue  to  protect                                                              
consumers  through the  regulatory  process if  a private  utility                                                              
enters Ketchikan.                                                                                                               
                                                                                                                                
SENATOR  ROBIN TAYLOR,  sponsor  of  SB 324,  said  the bill  will                                                              
continue  the status quo.  He explained  that most  municipalities                                                              
that own utilities  are exempt from regulation  because they elect                                                              
the  very people  who  regulate  the utility  therefore  requiring                                                              
municipal utilities  to be regulated by the RCA  has always seemed                                                              
duplicative.  He  noted  the  issue  is complex  in  the  case  of                                                              
Ketchikan    because    the    possible     competition    is    a                                                              
telecommunications  system  that will  only take  a  piece of  the                                                              
market.  However,  because  it  will   be  subject  to  regulatory                                                              
enforcement by  RCS, all utilities  in Ketchikan would  be subject                                                              
to RCA's  regulatory blanket. Sadly,  there is no  regulation that                                                              
RCA can do  other than to grant  a certificate to the  new entrant                                                              
to   the  field;   the  RCA   is  preempted   under  the   Federal                                                              
Communications Act.  Yet, the mere  fact that an entrant  has come                                                              
into the  market sweeps  all of  the other  utilities under  RCA's                                                              
purview.                                                                                                                        
                                                                                                                                
SENATOR  ELLIS said  he  agrees with  the  bill  and supports  the                                                              
concept but noted  it is ironic that the legislature  must use its                                                              
power  to  protect  a community  from  predation  by  the  private                                                              
sector, especially  when the Majority  argues that  competition is                                                              
good.                                                                                                                           
                                                                                                                                
SENATOR TAYLOR indicated  that the private company  can still come                                                              
in to the  market but the regulatory  aspects of the RCA  will not                                                              
be invested on the community.                                                                                                   
                                                                                                                                
SENATOR ELLIS  said he  will join with  Senator Taylor  to protect                                                              
consumer interests in Ketchikan.                                                                                                
                                                                                                                                
The  Chairman  noted that  with  no  objection,  SB 324  would  be                                                              
calendared.                                                                                                                     
                                                                                                                                
SENATOR  COWDERY  moved to  calendar  SB 345-SCHOOL  SERVICES  FOR                                                          
DISABLED STUDENTS, by Senator Green,  with its accompanying fiscal                                                          
notes at the Chairman's discretion.                                                                                             
                                                                                                                                
SENATOR ELLIS  lamented it  is hard to  be "Green," (a  quote from                                                              
Kermit the Frog).                                                                                                               
                                                                                                                                
There being no  objection, CHAIRMAN PHILLIPS announced  the motion                                                              
carried.                                                                                                                        
There  being no  further business  to come  before the  committee,                                                              
CHAIRMAN PHILLIPS adjourned the meeting.                                                                                        
                                                                                                                                
                                                                                                                                

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