Legislature(2001 - 2002)
05/07/2001 01:22 PM Senate RLS
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE RULES COMMITTEE
May 7, 2001
1:22 p.m.
DRAFT
MEMBERS PRESENT
Senator Drue Pearce, Chair
Senator John Cowdery, Vice Chair
Senator Randy Phillips
Senator Gene Therriault
Senator Johnny Ellis
MEMBERS ABSENT
All Members Present
COMMITTEE CALENDAR
SENATE BILL NO. 186
"An Act establishing a limit on the general obligation debt that
may be authorized and issued by home rule and general law
municipalities; and providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 49(FIN)
"An Act extending the termination date of the Board of Parole; and
providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 71(FIN) am
"An Act relating to the education of children with disabilities and
of gifted children; relating to the Governor's Council on
Disabilities and Special Education; and providing for an effective
date."
APPROVED FOR CALENDARING
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN)
"An Act providing for and relating to the issuance of certificates
of participation to finance construction of a new facility to be
known as the Alaska Psychiatric Institute; giving notice of and
approving the entry into and the issuance of certificates of
participation in a lease-purchase agreement for construction of a
new facility to be known as the Alaska Psychiatric Institute;
giving notice of the intent and approval to retain investment
income from pertinent appropriations to be applied to the cost of
construction of a new facility to be known as the Alaska
Psychiatric Institute; relating to the construction of a facility
to be known as the Alaska Psychiatric Institute; and providing for
an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 90(FIN)
"An Act relating to reimbursement of municipal bonds for school
construction; and providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 102(JUD)
"An Act relating to the theft of propelled vehicles."
APPROVED FOR CALENDARING
HOUSE BILL NO. 108
"An Act relating to the accounting for and appropriation of fees
for recording and related services by the Department of Natural
Resources; and providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 115(HES)
"An Act relating to the definition of 'mental health professional'
for certain mental health proceedings and treatments; relating to
the services of certain medical professionals in civil proceedings
for the commitment of certain intoxicated persons; allowing a
physician assistant or advanced nurse practitioner to certify the
need for emergency treatment as a result of intoxication; and
providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 167(STA)
"An Act relating to license plates for Alaska National Guard
personnel and for antique motor vehicles; and providing for an
effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 179(FIN)
"An Act relating to underage drinking and drug offenses; and
providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 181(JUD)
"An Act relating to the obligations of spouses, to insurance
policies of spouses, to the nonprobate transfer of property on
death to a community property trust, to the division of the
community property of spouses at death, and to the Alaska Community
Property Act; amending Rule 301, Alaska Rules of Evidence; and
providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 228(FIN)
"An Act relating to the accounting of fees from business license
endorsements for tobacco products, to the disclosure of certain
confidential cigarette and tobacco product information, to
notification regarding a cigarette manufacturer's noncompliance
with the tobacco product Master Settlement Agreement, to business
license endorsements for sale of tobacco products, to citations and
penalties for illegal sales of tobacco products; and providing for
an effective date."
APPROVED FOR CALENDARING
HOUSE BILL NO. 230
"An Act relating to wage and hour protections for employees of the
Alaska Railroad Corporation; and providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 234(FIN) am
"An Act relating to the tobacco use education and cessation fund
and to smoking education and cessation programs; relating to
funding the tobacco use education and cessation fund; relating to
financing of construction and major maintenance of public school
facilities, facilities for the University of Alaska, and facilities
for ports and harbors; authorizing the commissioner of revenue to
sell the right to receive a portion of the anticipated revenue from
a tobacco litigation settlement to the Northern Tobacco
Securitization Corporation; relating to the deposit of certain
anticipated revenue from a tobacco litigation settlement;
authorizing the issuance of bonds by the Northern Tobacco
Securitization Corporation with proceeds to finance public school
construction and major maintenance, facilities for the University
of Alaska, and facilities for ports and harbors; and providing for
an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 250(FIN)
"An Act relating to missions and measures to be applied to certain
expenditures by the executive branch of state government and the
University of Alaska from the state operating budget for the fiscal
year ending June 30, 2002; and providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 185(FIN)
"An Act relating to fees for certain uses of state water, other
than fees for traveling upon state water, and to the accounting and
appropriation of those fees; relating to authorizations for the
temporary use of state water; making other amendments to the Alaska
Water Use Act; and providing for an effective date."
APPROVED FOR CALENDARING
PREVIOUS COMMITTEE ACTION
SB 186 - See Finance minutes dated 5/3/01, 5/4/01 and 5/6/01.
HB 49 - See Judiciary minutes dated 5/4/01.
HB 71 - See Finance Report dated 5/5/01.
HB 76 - See HESS minutes dated 4/28/01 and Finance minutes dated
5/2/01 and 5/3/01.
HB 90 - See Finance Report dated 3/15/01.
HB 102 - See Judiciary minutes dated 5/2/01.
HB 108 - See Resources minutes dated 5/3/01 and Finance Report
dated 5/6/01.
HB 115 - See HESS minutes dated 4/28/01 and 5/5/01 and Judiciary
minutes dated 5/6/01.
HB 167 - See State Affairs minutes dated 5/5/01.
HB 181 - See Labor and Commerce minutes dated 5/2/01 and Judiciary
minutes dated 5/5/01.
HB 228 - See State Affairs minutes dated 5/3/01 and Finance Report
dated 5/6/01.
HB 230 - See Judiciary minutes dated 4/30/01.
HB 234 - See HESS minutes dated 5/03/01 and Finance Report dated
5/6/01.
HB 250 - See Finance minutes dated 5/1/01 and 5/6/01.
WITNESS REGISTER
Ms. Carol Carroll
Department of Natural Resources
400 Willoughby Ave.
Juneau, AK 99801-1724
POSITION STATEMENT: Answered questions regarding HB 185.
ACTION NARRATIVE
TAPE 01-11, SIDE A
Number 001
CHAIRWOMAN DRUE PEARCE called the Senate Rules Committee meeting to
order at 1:22 p.m. Present were Senators Cowdery, Phillips, Ellis
and Pearce. Chairwoman Pearce announced that the committee will
hear the bills that are in its possession at this time.
CHAIRWOMAN PEARCE announced the Senate Finance Committee adopted a
committee substitute for SB 186 and that the bill has a revenue
generating fiscal note.
SENATOR PHILLIPS moved to calendar SB 186-LIMIT MUNICIPAL G.O.BOND
DEBT.
SENATOR ELLIS objected.
The motion to calendar SB 186 carried with Senators Cowdery,
Phillips and Pearce voting "yea," and Senator Ellis voting "nay."
SENATOR PHILLIPS moved to calendar CSHB 49(FIN)-EXTEND TERMINATION
DATE FOR BD OF PAROLE. There being no objection, the motion
carried.
SENATOR PHILLIPS moved to calendar CSHB 71(FIN)-EDUC. OF DISABLED
OR GIFTED CHILDREN. There being no objection, the motion carried.
CHAIRWOMAN PEARCE announced the Senate Finance Committee adopted a
committee substitute for SSHB 76-NEW FACILITIES FOR API.
SENATOR COWDERY moved to calendar SSHB 76. There being no
objection, the motion carried.
SENATOR PHILLIPS moved to calendar HB 90-MUNICIPAL SCHOOL BOND
REIMBURSEMENT. There being no objection, the motion carried.
SENATOR PHILLIPS moved to calendar CSHB 102(JUD)-THEFT OF PROPELLED
VEHICLES. There being no objection, the motion carried.
SENATOR PHILLIPS moved to calendar HB 108-DEPT NATURAL RESOURCES
RECORDING FEES. There being no objection, the motion carried.
CHAIRWOMAN PEARCE announced that the Senate HESS Committee adopted
a committee substitute for CSHB 115(HES)-EMERGENCY COMMITMENT
ORDERS AND TREATMENT.
SENATOR PHILLIPS moved to calendar CSHB 115(HES). There being no
objection, the motion carried.
SENATOR PHILLIPS moved to calendar HB 167-MOTOR VEH.LIC.PLATES:
NATL GUARD/ANTIQUE. There being no objection, the motion carried.
CHAIRWOMAN PEARCE announced the committee did not have HB 132, HB
172 or HB 185 in its possession at this time.
SENATOR COWDERY moved to calendar HB 179-UNDERAGE DRINKING & DRUG
OFFENSES. There being no objection, the motion carried.
CHAIRWOMAN PEARCE announced that Senator Therriault joined the
committee.
SENATOR PHILLIPS moved to calendar HB 181-COMMUNITY
PROPERTY/OBLIGATIONS OF SPOUSES. There being no objection, the
motion carried.
SENATOR PHILLIPS moved to calendar HB 228-SALE OF TOBACCO PRODUCTS.
There being no objection, the motion carried.
SENATOR COWDERY moved to calendar HB 230-RAILROAD EMPLOYEE SALARIES
AND WAGES. There being no objection, the motion carried.
CHAIRWOMAN PEARCE announced the Senate Finance Committee adopted a
committee substitute for HB 234-TOBACCO SETTLEM'T:BONDS & SMOKING
PROGRAM and a new fiscal note.
SENATOR COWDERY moved to calendar CSHB 234(FIN)am.
SENATOR ELLIS objected and commented that he believes the Senate
Finance Committee should have included the 20 percent for tobacco
cessation efforts, as the House did. In addition, he does not
believe the bill contains an adequate commitment to rural school
construction and rural and urban maintenance projects.
SENATOR THERRIAULT said that although he shares Senator Ellis's
concern about the cessation program, Section 2 sets up the
cessation fund.
The motion to calendar CSHB 234(FIN)am carried with Senators
Cowdery, Therriault and Pearce voting "yea," and Senators Ellis and
Phillips voting "nay."
CHAIRWOMAN PEARCE announced the Senate Finance Committee adopted a
committee substitute for HB 250-OPERATING BUDGET MISSIONS AND
MEASURES.
SENATOR PHILLIPS moved to calendar HB 250. There being no
objection, the motion carried.
CHAIRWOMAN PEARCE noted the House Finance Committee substitute for
HB 185-ALASKA WATER USE ACT & FEES is before the committee. The
House Finance Committee put in a repeal date of July 1, 2002 so the
water use issues will have to be reviewed by the legislature next
year. This version allows the Department of Natural Resources to
do the temporary use of state water authorizations for this coming
year. The Senate version was sitting in Senate Rules; the House
bill came to the Senate and was waived to the Senate Rules
Committee, therefore public testimony will be taken.
MS. CAROL CARROLL, legislative liaison from the Department of
Natural Resources, said she was available to answer questions.
SENATOR THERRIAULT asked for a synopsis of lines 9-12 on page 3.
MS. CARROLL explained the language on lines 9-12 confirms that the
temporary water permits, which have already been issued, are still
valid.
There being no further testimony or questions, SENATOR COWDERY
moved to calendar CSHB 185(FIN). There being no objection, the
motion carried.
There being no further business to come before the committee,
CHAIRWOMAN PEARCE recessed the meeting to a call of the Chair at
1:37 p.m.
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