Legislature(2001 - 2002)

04/29/2002 11:03 AM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                     SENATE RULES COMMITTEE                                                                                   
                         April 29, 2002                                                                                         
                           11:03 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Randy Phillips, Chair                                                                                                   
Senator John Cowdery, Vice Chair                                                                                                
Senator Gene Therriault                                                                                                         
Senator Rick Halford                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Johnny Ellis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 262                                                                                                              
"An Act relating to accounting for  and appropriations of receipts                                                              
from  fees collected  by  the Department  of  Labor and  Workforce                                                              
Development for  certain inspections and for certain  plumbing and                                                              
electrical   worker  certificates   of  fitness;  establishing   a                                                              
building safety account; and providing for an effective date."                                                                  
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 306(L&C)                                                                                                  
"An  Act authorizing  the  Department  of Community  and  Economic                                                              
Development  to issue  permits to  certain  agencies to  purchase,                                                              
possess, and use certain drugs for  euthanizing domestic animals."                                                              
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 358(CRA)                                                                                                  
"An Act relating to an optional exemption  from municipal property                                                              
taxes for  certain land  from which  timber is  harvested and  for                                                              
certain  improvements  used in  or  necessary  to the  harvest  of                                                              
timber; and providing for an effective date."                                                                                   
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
HOUSE BILL NO. 375 am                                                                                                           
"An Act  making corrective  amendments to  the Alaska Statutes  as                                                              
recommended  by the  revisor  of statutes;  and  providing for  an                                                              
effective date."                                                                                                                
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
SENATE CONCURRENT RESOLUTION NO. 34                                                                                             
Suspending  Rules 24(c), 35,  41(b), and  42(e), Uniform  Rules of                                                              
the  Alaska State  Legislature,  concerning  House  Bill No.  439,                                                              
relating  to  removing  provisions  providing  an  opportunity  to                                                              
petition   for   review   of   proposed   or   final   consistency                                                              
determinations under  the Alaska coastal zone  management program;                                                              
and limiting  the authority of  the Alaska Coastal  Policy Council                                                              
to order  a coastal resource  district or  a state agency  to take                                                              
action   with  respect   to  a  proposed   or  final   consistency                                                              
determination.                                                                                                                  
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 439(RES)(title am)                                                                                        
"An Act removing  provisions providing an opportunity  to petition                                                              
for review of  proposed or final consistency  determinations under                                                              
the  Alaska coastal  zone  management  program;  and limiting  the                                                              
authority of the Alaska Coastal Policy  Council to order a coastal                                                              
resource district  or a state agency  to take action  with respect                                                              
to a proposed or final consistency determination."                                                                              
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
HOUSE BILL NO. 444                                                                                                              
"An  Act relating  to buildings  covered under  the Alaska  public                                                              
building fund; and providing for an effective date."                                                                            
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 45                                                                                                   
Relating to the labeling of salmon food products.                                                                               
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 46(RES)                                                                                       
Relating to the moratorium on fish farming in British Columbia.                                                                 
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
HOUSE CONCURRENT RESOLUTION NO. 27 am                                                                                           
Relating  to  urging  the  Local   Boundary  Commission  to  adopt                                                              
standards  and procedures  to enable  the commission  to return  a                                                              
petition for  a local boundary change  to the petitioner  when the                                                              
commission determines the petition  is substantively deficient, in                                                              
need  of   substantial  amendment   or  supplementation,   or  the                                                              
procedure used in preparing the petition was deficient.                                                                         
     APPROVED FOR CALENDARING                                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
HB 306 - See Labor and Commerce minutes dated 4/2/02.                                                                           
                                                                                                                                
HB 358 - See CRA minutes dated 4/8/02 and Resources minutes                                                                     
     dated 4/19/02.                                                                                                             
                                                                                                                                
HB 444 - No previous action to record.                                                                                          
                                                                                                                                
HB 439 - See Finance Report dated 4/24                                                                                          
                                                                                                                                
SCR 34 - See Rules minutes dated 4/29/02.                                                                                       
                                                                                                                                
HJR 45 - See Resources minutes dated 4/24/0                                                                                     
                                                                                                                                
HJR 46 - See Resources minutes dated 4/24/02                                                                                    
                                                                                                                                
HCR 27 - See CRA minutes dated 4/24/02                                                                                          
                                                                                                                                
HB 262 - See Labor and Commerce minutes dated 3/21/02, State                                                                    
Affairs minutes dated 4/2/02,and Finance Report dated 4/18/02                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Linda Hay                                                                                                                   
Staff to Representative Ogan                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified for the sponsor of HB 439                                                                      
                                                                                                                                
Representative Peggy Wilson                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of HJR 46                                                                                        
                                                                                                                                
Ms. Judy Jordan                                                                                                                 
Staff to Representative Scalzi                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified for the sponsor of HCR 27                                                                      
                                                                                                                                
Ms. Pam Finley                                                                                                                  
Revisor of Statutes                                                                                                             
Legislative Affairs Agency                                                                                                      
Legislative Legal and Research                                                                                                  
  Services                                                                                                                      
State Capitol                                                                                                                   
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Answered questions about HB 375                                                                          
                                                                                                                                
Ms. Amy Erickson                                                                                                                
Staff to Representative Murkowski                                                                                               
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified for the sponsor of HB 262                                                                      
                                                                                                                                
Ms. Annette Kreitzer                                                                                                            
Staff to Senator Leman                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:   Answered questions about  proposed committee                                                            
substitutes to HB 262                                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-10, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRMAN RANDY PHILLIPS called the  Senate Rules Committee meeting                                                            
to  order at  11:03 a.m.  Members present  were Senators  Cowdery,                                                              
Therriault, Halford and Phillips.  Chairman Phillips announced the                                                              
committee would hear the bills in  the following order: HB 306, HB                                                              
358, HB 444,  HB 439, SCR 34, HJR  45, HJR 46, HCR 27,  HB 375 and                                                              
HB 262.                                                                                                                         
                                                                                                                                
SENATOR  COWDERY moved  to calendar at  the Chairman's  discretion                                                              
CSHB  306(L&C)   -  EUTHANASIA  FOR  DOMESTIC  ANIMALS   with  any                                                          
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There being no  objection, CHAIRMAN PHILLIPS announced  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR  COWDERY moved  to calendar at  the Chairman's  discretion                                                              
CSHB  358-EXEMPTION  FROM  PROPERTY  TAX: TIMBER  (CRA)  with  its                                                          
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There being no  objection, CHAIRMAN PHILLIPS announced  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR COWDERY moved to calendar  at the Chairman's discretion HB                                                          
444-ALASKA PUBLIC BUILDING FUND.                                                                                            
                                                                                                                                
There being no  objection, CHAIRMAN PHILLIPS announced  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR COWDERY moved to calendar  at the Chairman's discretion HB                                                          
439-COASTAL   ZONE    MANAGEMNT   PROGRAMS&PETITIONS    with   its                                                          
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There being no  objection, CHAIRMAN PHILLIPS announced  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR  COWDERY moved  to calendar at  the Chairman's  discretion                                                              
SCR 34-SUSPEND UNIFORM RULES FOR HB 439.                                                                                    
                                                                                                                                
There being no  objection, CHAIRMAN PHILLIPS announced  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR  COWDERY moved  to calendar at  the Chairman's  discretion                                                              
HJR 45-SALMON LABELING with any accompanying fiscal notes.                                                                  
                                                                                                                                
There being no  objection, CHAIRMAN PHILLIPS announced  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR  COWDERY moved  to calendar at  the Chairman's  discretion                                                              
CSHJR 46(RES)-BC MORATORIUM ON FISH FARMING.                                                                                
                                                                                                                                
CHAIRMAN  PHILLIPS proposed  the following  amendment: on  page 2,                                                              
line 17, replace the word "request"  with "respectfully urges" and                                                              
on  line  21  replace  "respectfully  urges"  with  "request."  He                                                              
explained  that from  a Canadian  point of  view, "request"  means                                                              
demand. He found that out several  years ago when legislators from                                                              
British  Columbia were  visiting. They like  suggestions  but they                                                              
don't like demands.                                                                                                             
                                                                                                                                
REPRESENTATIVE PEGGY  WILSON, sponsor of HJR 46,  said that change                                                              
was acceptable to her.                                                                                                          
                                                                                                                                
There being no  objection, CHAIRMAN PHILLIPS announced  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR COWDERY  repeated his motion  to calendar SCSHJR  46 (RLS)                                                              
at the Chairman's discretion.                                                                                                   
                                                                                                                                
There being no  objection, CHAIRMAN PHILLIPS announced  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR  COWDERY moved  to calendar at  the Chairman's  discretion                                                              
HCR  27am  -   LOCAL  BOUNDARY  COMMISSION  PROCEDURES   with  its                                                          
accompanying fiscal notes.                                                                                                      
                                                                                                                                
SENATOR THERRIAULT asked for a run-down of the resolution.                                                                      
                                                                                                                                
MS. JUDY  JORDAN, staff to  Representative Scalzi,  explained that                                                              
the  Representative introduced  this legislation  to clarify  that                                                              
the Local Boundary  Commission has the right to  return a petition                                                              
very early  in the process  if it finds  the procedures  used were                                                              
inadequate.                                                                                                                     
                                                                                                                                
There being no  objection, CHAIRMAN PHILLIPS announced  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
MS. PAMELA  FINLEY, revisor  of statutes,  explained that  HB 375-                                                          
REVISOR'S BILL is  the standard statute clean-up  bill. The Senate                                                          
Judiciary Committee  removed the most problematic  section; she is                                                              
happy with that result. A section  of interest is Section 1, which                                                              
puts in  statute a practice  used by  the revisor's office  for at                                                              
least 18 years concerning effective dates.                                                                                      
                                                                                                                                
CHAIRMAN PHILLIPS asked if that is a substantive change.                                                                        
                                                                                                                                
MS. FINLEY  said it isn't substantive  in that it does  not change                                                              
what  the   revisor's  office  has   been  doing.  She   said  the                                                              
legislative branch writes the effective date.                                                                                   
                                                                                                                                
SENATOR THERRIAULT pointed  out that it is the status  quo so that                                                              
if the  legislature adds an  immediate or specific  effective date                                                              
to a bill, it does not want the Administration  to be able to hold                                                              
or veto that bill past that date.                                                                                               
                                                                                                                                
CHAIRMAN  PHILLIPS  asked if  the  bill contains  any  substantive                                                              
changes because, in the past, legislators  often added substantive                                                              
legislation to it.                                                                                                              
                                                                                                                                
MS. FINLEY said it does not.                                                                                                    
                                                                                                                                
SENATOR  COWDERY  moved  to  calendar  HB 375  at  the  Chairman's                                                              
discretion with its zero fiscal note.                                                                                           
                                                                                                                                
SENATOR THERRIAULT  asked Ms. Finley  to describe the  change made                                                              
by the House.                                                                                                                   
                                                                                                                                
MS. FINLEY  said a change  was made on  the floor at  her request.                                                              
The phrase  "subject to  state control" was  added to  Sections 11                                                              
and 12  on pages 5 and  6. She explained  that she sent  the draft                                                              
bill to the Executive  Branch for review, but it  wasn't until the                                                              
House Judiciary Committee  held a hearing that  the Older Alaskans                                                              
Commission notified her that it had  several federal programs that                                                              
the state could  not administer. Therefore, to  avoid reporting on                                                              
something the state  could not take control over,  that phrase was                                                              
added.                                                                                                                          
                                                                                                                                
CHAIRMAN PHILLIPS announced that  with no objection to calendaring                                                              
HB 375, the motion carried.                                                                                                     
                                                                                                                                
CHAIRMAN PHILLIPS  announced that  the committee has  two proposed                                                              
Senate Rules Committee  substitutes (Versions P and O)  to HB 262-                                                          
BUILDING SAFETY ACCOUNT.                                                                                                    
                                                                                                                                
MS. AMY  ERICKSON, staff to  Representative Murkowski,  sponsor of                                                              
HB  262,   asked  to   hear  an   explanation  of  the   committee                                                              
substitutes.                                                                                                                    
                                                                                                                                
CHAIRMAN  PHILLIPS  informed  members   that  Version  P  is  more                                                              
encompassing than Version O. He asked  Ms. Kreitzer to explain the                                                              
differences between the two versions.                                                                                           
                                                                                                                                
MS.  ANNETTE  KREITZER,  staff  to  Senator  Leman,  said  she  is                                                              
testifying  on behalf of  the Senate  Finance Committee.  She told                                                              
members  the  Senate  Finance  Committee  plans  to  use  receipt-                                                              
supported  services to  fully fund  state parks,  the food  safety                                                              
program, and  some portions of the  budgets of the  Departments of                                                              
Revenue  and Public  Safety. Version  O contains  a list of  those                                                              
receipts. Beginning on page 2, Section  4, Department of Community                                                              
and Economic  Development business  license fees are  targeted and                                                              
put in the same  category as occupational license  fees, which are                                                              
already used  for receipt-supported  services. Section  5 contains                                                              
the list of receipts  from the House version, as  well as receipts                                                              
from  the  Department  of  Environmental   Conservation  for  food                                                              
safety, the  Department of Natural  Resources for the  Division of                                                              
Parks, and receipts for private security  guards and the concealed                                                              
carry program.  As Senate Finance  subcommittees closed  out their                                                              
budgets,  the full  Senate  Finance Committee,  which  anticipated                                                              
using receipt-supported services, began to compile this list.                                                                   
                                                                                                                                
MS. KREITZER  explained that  Version P  is much shorter,  however                                                              
Section  4  would  still be  necessary  to  differentiate  between                                                              
business  and   occupational  licenses.  Section  5,   instead  of                                                              
containing a  laundry list of  activities, contains  the following                                                              
description of general fund program receipts:                                                                                   
                                                                                                                                
     Fees, charges, income earned  and assets and other state                                                                   
     money received by a state agency  in connection with the                                                                   
     performance  of  its  functions if  the  fees,  charges,                                                                   
     income  or other money  is accounted  for separately  by                                                                   
     the state agency.                                                                                                          
                                                                                                                                
She noted that Version P encompasses  about $7.8 million more than                                                              
Version O  and is more inclusive.  She anticipates this  bill will                                                              
go to a conference committee and,  even with the broad language in                                                              
the bill, the  conference committee can break it  down into a list                                                              
if it would rather take that approach.                                                                                          
                                                                                                                                
CHAIRMAN  PHILLIPS  pointed  out  that  a  title  change  will  be                                                              
necessary  for  either  committee   substitute.  He  asked  for  a                                                              
response from Representative Murkowski's staff.                                                                                 
                                                                                                                                
MS. AMY ERICKSON  said she has not had the opportunity  to discuss                                                              
either version  with Representative  Murkowski so  is not  able to                                                              
state a position at this time.                                                                                                  
                                                                                                                                
SENATOR HALFORD arrived.                                                                                                        
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that HB  262, along  with the  title                                                              
change,  will  be  held  until  the  next  hearing  to  hear  from                                                              
Representative Murkowski.                                                                                                       
                                                                                                                                
There  being no  further business  to come  before the  committee,                                                              
CHAIRMAN PHILLIPS adjourned the meeting at 11:22 a.m.                                                                           

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