Legislature(2001 - 2002)

04/22/2002 09:40 AM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                     SENATE RULES COMMITTEE                                                                                   
                         April 22, 2002                                                                                         
                            9:40 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Randy Phillips, Chair                                                                                                   
Senator John Cowdery, Vice Chair                                                                                                
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Rick Halford                                                                                                            
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 226                                                                                      
"An Act requiring highways to be  designed and constructed so that                                                              
they  will adequately  serve anticipated  traffic  levels for  the                                                              
next 30 years; and providing for an effective date."                                                                            
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
SENATE BILL NO. 278                                                                                                             
"An Act requiring a good faith effort  to purchase property before                                                              
that property is  taken through eminent domain;  and providing for                                                              
an effective date."                                                                                                             
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
SENATE JOINT RESOLUTION NO. 43                                                                                                  
Requesting  the  United  States   Congress  to  grant  a  two-year                                                              
moratorium  on  requirements  for  certain  state  payments  under                                                              
federal programs.                                                                                                               
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
SENATE CONCURRENT RESOLUTION NO. 30                                                                                             
Relating to Alaska Salmon Day.                                                                                                  
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 96(HES)                                                                                                   
"An Act relating  to acquisition and development of  the Jesse Lee                                                              
Home; and providing for an effective date."                                                                                     
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 196(JUD)                                                                                                  
"An Act  establishing a  right of action  for a legal  separation;                                                              
requiring  a report  about legal  separations;  and amending  Rule                                                              
42(a), Alaska Rules of Civil Procedure."                                                                                        
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 263(RES)                                                                                                  
"An Act relating to water quality standards applicable to flow-                                                                 
through hot springs."                                                                                                           
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
HOUSE BILL NO. 349                                                                                                              
"An Act relating to agency programs and financial plans."                                                                       
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
HOUSE BILL NO. 362                                                                                                              
"An Act extending the termination date of the Board of Governors                                                                
of the Alaska Bar Association."                                                                                                 
     ADOPTED A SENATE RULES COMMITTEE SUBSTITUTE AND APPROVED FOR                                                               
     CALENDARING                                                                                                                
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                              
                                                                                                                                
SB 226 - See Transportation minutes dated 2/12/02, Finance Report                                                               
dated 4/10/02 and Rules minutes dated 4/15/02.                                                                                  
                                                                                                                                
SB 278 - See Community and Regional Affairs minutes dated 2/27/02                                                               
and Judiciary minutes dated 4/8/02.                                                                                             
                                                                                                                                
SJR 43 - See State Affairs minutes dated 4/4/02.                                                                                
                                                                                                                                
SCR 30 - See State Affairs minutes dated 4/9/02 and Resources                                                                   
minutes dated 4/17/02.                                                                                                          
                                                                                                                                
HB 96 - See State Affairs minutes dated 5/3/01.                                                                                 
                                                                                                                                
HB 196 - See Judiciary minutes dated 3/25/02.                                                                                   
                                                                                                                                
HB 263 - See Resources minutes dated 3/6/02.                                                                                    
                                                                                                                                
HB 349 - See Rules minutes dated 4/22/02.                                                                                       
                                                                                                                                
HB 362 - See Judiciary minutes dated 3/20/02.                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Representative Ken Lancaster                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Presented HB 96                                                                                          
                                                                                                                                
Mr. Wes Keller                                                                                                                  
Staff to Representative Dyson                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Answered a question about HB 196                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-9, SIDE A                                                                                                             
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRMAN RANDY PHILLIPS called the  Senate Rules Committee meeting                                                            
to  order at  9:40 a.m.  Senators Cowdery,  Therriault, Ellis  and                                                              
Phillips  were  present.    The first  bill  to  come  before  the                                                              
committee was SB 226.                                                                                                           
                                                                                                                                
SENATOR  COWDERY  moved  to  calendar   SB  226-HIGHWAY  DESIGN  &                                                          
CONSTRUCTION  with   its  zero  fiscal  note  at   the  Chairman's                                                          
discretion.                                                                                                                     
                                                                                                                                
SENATOR ELLIS objected.                                                                                                         
                                                                                                                                
CHAIRMAN PHILLIPS announced the motion  to calendar SB 226 carried                                                              
with  Senators  Cowdery, Therriault  and  Phillips  in favor,  and                                                              
Senator Ellis opposed.                                                                                                          
                                                                                                                                
SENATOR  COWDERY  moved  to calendar  SB  278-TAKING  PROPERTY  BY                                                          
EMINENT  DOMAIN  with  its  zero fiscal  note  at  the  Chairman's                                                          
discretion.                                                                                                                     
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR COWDERY moved to calendar  SJR 43-MAINTENANCE OF EFFORT ON                                                          
FEDERAL  PROGRAMS  with  its  accompanying   fiscal  note  at  the                                                          
Chairman's discretion.                                                                                                          
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR COWDERY  moved to calendar  SCR 30-ALASKA SALMON  DAY with                                                          
its zero  fiscal note at the  Chairman's discretion and  asked for                                                              
unanimous consent.                                                                                                              
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR COWDERY moved  to calendar HB 96-ACQUIRING  JESSE LEE HOME                                                          
with its zero fiscal note at the Chairman's discretion.                                                                         
                                                                                                                                
SENATOR  THERRIAULT asked  for an explanation  of the  differences                                                              
between  the Senate  State Affairs  and  Senate Finance  Committee                                                              
substitutes (CS).                                                                                                               
                                                                                                                                
REPRESENTATIVE KEN LANCASTER,  sponsor of HB 96 said  a change was                                                              
made to the fiscal  note. He stated, "They went down  to a $35,000                                                              
match from gf to  the match from the national -  the federal funds                                                              
- put it in there to do the architectural study."                                                                               
                                                                                                                                
SENATOR THERRIAULT  maintained that  a change  to the fiscal  note                                                              
would not be cause for a committee substitute.                                                                                  
                                                                                                                                
REPRESENTATIVE  LANCASTER  added   that  the  effective  date  was                                                              
changed to this year.                                                                                                           
                                                                                                                                
CHAIRMAN PHILLIPS asked for a page and line number.                                                                             
                                                                                                                                
REPRESENTATIVE LANCASTER referred to lines 8 and 14 of page 2.                                                                  
                                                                                                                                
SENATOR ELLIS  said he is glad HB  96 is before the  committee and                                                              
asked if  the Seward  historical  group that the  state will  work                                                              
with is a city chartered group.                                                                                                 
                                                                                                                                
REPRESENTATIVE LANCASTER said it is.                                                                                            
                                                                                                                                
CHAIRMAN PHILLIPS clarified that  the version before the committee                                                              
is labeled  22\LS045\0  and that  language on  page 2, Sec.  13.03                                                              
reads this act takes effect date July 1, 2002.                                                                                  
                                                                                                                                
REPRESENTATIVE  LANCASTER  verified that  he  requested that  date                                                              
change.                                                                                                                         
                                                                                                                                
SENATOR THERRIAULT  referred to page  1, line 12, and  asked about                                                              
the words "if practical."                                                                                                       
                                                                                                                                
REPRESENTATIVE  LANCASTER told members  that Senator  Donley added                                                              
"for the possible preservation of  the home" on page 2, line 9 and                                                              
said that was included in case the  architectural study determines                                                              
the building should be demolished.                                                                                              
                                                                                                                                
SENATOR  COWDERY  moved  to  calendar  SCS  CSHB  96(FIN)  at  the                                                              
Chairman's discretion.                                                                                                          
                                                                                                                                
CHAIRMAN  PHILLIPS  announced that  with  no objection,  SCS  CSHB
96(FIN) and its accompanying fiscal note would be calendared.                                                                   
                                                                                                                                
SENATOR  COWDERY moved  to  calendar HB  196-RIGHT  OF ACTION  FOR                                                          
LEGAL  SEPARATION  with  its  accompanying   fiscal  note  at  the                                                          
Chairman's discretion.                                                                                                          
                                                                                                                                
SENATOR  THERRIAULT  asked  whether  this  proposal  differs  from                                                              
Senator Wilken's proposal.                                                                                                      
                                                                                                                                
MR. WES KELLER,  staff to Representative Dyson,  sponsor, said the                                                              
two proposals are identical.                                                                                                    
                                                                                                                                
CHAIRMAN PHILLIPS announced that  with no objection to the motion,                                                              
HB 196 would be calendared.                                                                                                     
                                                                                                                                
SENATOR  COWDERY  moved  to  calendar  HB  263-REGULATION  OF  HOT                                                          
SPRINGS  WATER   with  its  accompanying   fiscal  notes   at  the                                                          
Chairman's discretion.                                                                                                          
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR  COWDERY  moved  to calendar  HB  349-AGENCY  PROGRAM  AND                                                          
FINANCIAL  PLANS  with  its  accompanying   fiscal  notes  at  the                                                          
Chairman's discretion and asked for unanimous consent.                                                                          
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
The committee took  up HB 362-EXTEND BOARD OF GOVERNORS  OF AK BAR                                                          
ASSN.                                                                                                                       
                                                                                                                                
SENATOR THERRIAULT informed members  that he heard this measure in                                                              
the Senate  Judiciary Committee and  was "grousing" about  the way                                                              
the Alaska Bar  Association is treated differently  from any other                                                              
licensing group  in Alaska. Because  the Bar Association  feels it                                                              
falls under the  Court System, it increased its fees  and built up                                                              
a million dollar reserve a number  of years ago. It has been using                                                              
that reserve to cover costs over  the last couple of years instead                                                              
of  adjusting   fees  on  a   year-to-year  basis.  He   noted  he                                                              
understands why  that is  desirable but he  is disturbed  that the                                                              
Bar Association  is treated unlike  any other licensed  entity. He                                                              
said as a result of discussion in  the Senate Judiciary Committee,                                                              
he put  an earlier  sunset date  of 2004  in the  bill but  he has                                                              
since  reconsidered. He  advised  members that  an earlier  sunset                                                              
date  will require  Legislative  Budget and  Audit  to do  another                                                              
performance  audit and  he does not  feel that  is necessary.  The                                                              
legislature can deal with the fee issue with an audit trigger.                                                                  
                                                                                                                                
SENATOR  COWDERY said  he  also voted  for  those  changes in  the                                                              
Senate Judiciary Committee.                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  informed members that he is  willing to revert                                                              
to what the  auditor recommended regarding the  sunset date [2006]                                                              
and said  that he  will introduce  legislation  next year to  deal                                                              
with the fee issue.                                                                                                             
                                                                                                                                
SENATOR COWDERY said that would be fine with him.                                                                               
                                                                                                                                
SENATOR THERRIAULT  moved Amendment 1,  to change the  sunset date                                                              
from 2004 to 2006, the recommended date from the auditor.                                                                       
                                                                                                                                
CHAIRMAN  PHILLIPS  objected.  The motion  carried  with  Senators                                                              
Ellis,  Therriault and  Cowdery in  favor,  and Chairman  Phillips                                                              
opposed.                                                                                                                        
                                                                                                                                
SENATOR  COWDERY  moved to  calendar  SCS  CSHB 362(RLS)  and  its                                                              
accompanying fiscal note at the Chairman's discretion.                                                                          
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR THERRIAULT  requested the  Chairman delay calendaring  SCS                                                              
CSHB  362(RLS)  so that  he  may  speak  to the  Senate  Judiciary                                                              
Committee chairman.                                                                                                             
                                                                                                                                
CHAIRMAN PHILLIPS agreed.                                                                                                       
                                                                                                                                
There  being no  further business  to come  before the  committee,                                                              
CHAIRMAN PHILLIPS adjourned the meeting at 9:54 a.m.                                                                            
                                                                                                                                
HB                                                                                                                              

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