04/07/1998 11:30 AM Senate RLS

                SENATE RULES COMMITTEE                                         
                    April 7, 1998                                              
                      11:30 a.m.                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Tim Kelly, Chair                                                       
Senator Loren Leman, Vice Chair                                                
Senator Robin Taylor                                                           
Senator John Torgerson                                                         
Senator Jim Duncan                                                             
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
All members present                                                            
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
SENATE BILL NO. 233                                                            
"An Act extending the termination date of the Alcoholic Beverage               
Control Board."                                                                
                                                                               
SENATE BILL NO. 242                                                            
"An Act providing for the forfeiture of good time sentence credits             
of sex offenders who fail to successfully complete sex offender                
treatment programs."                                                           
                                                                               
SENATE BILL NO. 263                                                            
"An Act relating to secondary roads; and providing for an effective            
date."                                                                         
                                                                               
SENATE BILL NO. 347                                                            
"An Act relating to the increase of an appropriation item based on             
additional federal or other program receipts."                                 
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE CONCURRENT RESOLUTION NO. 25                      
Relating to Step Family Day.                                                   
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
SB 233 - See Labor and Commerce minutes dated 3/12/98.                         
         Finance report 4/6/98.                                                
                                                                               
SB 242 - See Judiciary committee minutes dated 1/26/98                         
         Finance report 4/6/98/.                                               
                                                                               
SB 263 - See Transportation minutes dated 2/19/98 and 3/19/98.                 
         Finance report 4/2/98.                                                
                                                                               
SB 347 - Finance report 4/3/98.                                                
                                                                               
HCR 25 - See Senate HESS minutes dated 4/3/98.                                 
                                                                               
WITNESS REGISTER                                                               
                                                                               
Senator Sean Parnell                                                           
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Offered information on SB 347                           
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-4 , SIDE A                                                             
                                                                               
CHAIRMAN KELLY called the Senate Rules Committee meeting to order              
at 11:30 p.m., and noted all members present.                                  
                                                                               
CHAIRMAN KELLY reviewed the committee calendar and requested                   
calendaring motions on the legislation.                                        
                                                                               
SENATOR LEMAN moved and asked unanimous consent SB 242 - FORFEIT               
GOOD TIME OF SOME SEX OFFENDERS be approved for calendaring at the             
discretion of the Chair.  Hearing no objection, it was so ordered.             
                                                                               
SENATOR LEMAN moved and asked unanimous consent SB 263 - SECONDARY             
ROADS be approved for calendaring at the discretion of the Chair.              
Hearing no objection, it was so ordered.                                       
                                                                               
SENATOR LEMAN moved and asked unanimous consent SSHCR 25 - STEP                
FAMILY DAY be approved for calendaring at the discretion of the                
Chair.  Hearing no objection, it was so ordered.                               
                                                                               
SENATOR LEMAN moved and asked unanimous consent SB 233 - ALCOHOL:              
BD/REC. SITES/POLICE & ARRESTS be approved for calendaring at the              
discretion of the Chair.  SENATOR TAYLOR objected, and voiced his              
concern that the legislation started off as an extension of the ABC            
Board, but other subjects were added to the bill without                       
substantive work by committees.                                                
                                                                               
CHAIRMAN KELLY stated there would be a roll call vote on the                   
calendaring motion on SB 233.  Senators Torgerson and Kelly voted              
"Yea" and Senators Taylor, Duncan and Leman voted "Nay."  CHAIRMAN             
KELLY stated the calendaring motion failed.                                    
                                                                               
CHAIRMAN KELLY brought SB 347 - PROGRAM RECEIPTS before the                    
committee as the final order of business.                                      
                                                                               
SENATOR LEMAN moved and asked unanimous consent SB 347 be approved             
for calendaring at the discretion of the Chair.  SENATOR DUNCAN                
objected and voiced his concern that with this change an interim               
committee could have veto power over executive action, which he                
does not believe is constitutional.                                            
                                                                               
SENATOR SEAN PARNELL explained that the issue was discussed in the             
Senate Finance Committee, and there is no delegation of power in               
the legislation that is any different.  The statute currently                  
provides that if LB&A makes the decision to withhold federal                   
receipt authority, the administration can proceed after 45 days,               
regardless of what LB&A  did.  SB 347 simply says that if the                  
administration is going to take that action, they are to take it               
during the legislative session.                                                
                                                                               
CHAIRMAN KELLY stated there would be a roll call vote on the                   
calendaring motion on SB 347.  Senators Leman, Torgerson, Taylor               
and Kelly voted "Yea" and Senator Duncan voted "Nay."  CHAIRMAN                
KELLY stated the calendaring motion carried.                                   
                                                                               
There being no further business to come before the committee, the              
meeting adjourned at 11:36 a.m.