Legislature(2001 - 2002)
04/26/2002 10:47 AM Senate RLS
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ALASKA STATE LEGISLATURE
SENATE RULES COMMITTEE
April 26, 2002
10:47 a.m.
MEMBERS PRESENT
Senator Randy Phillips, Chair
Senator John Cowdery, Vice Chair
Senator Rick Halford
Senator Gene Therriault
Senator Johnny Ellis
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 238
"An Act relating to state plans and programs for the safety and
security of facilities and systems in the state; and providing
for an effective date."
APPROVED CSSB 238(RLS) FOR CALENDARING
SENATE JOINT RESOLUTION NO. 44
Relating to preparation of a joint state-federal research and
development plan.
APPROVED FOR CALENDARING
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 254(FIN)
"An Act relating to the teachers' retirement system, the judicial
retirement system, and the public employees' retirement system
and to the tax qualification under the Internal Revenue Code of
those systems; amending the definition of 'actuarial adjustment'
in the teachers' retirement system and the public employees'
retirement system; repealing certain provisions of the teachers'
retirement system and the public employees' retirement system;
amending the statutory limitation on payment of warrants to make
an exception for warrants making benefit payments or refunds
under various state retirement and benefit programs; and
providing for an effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
SB 238 - See State Affairs minutes dated 1/24/02, 1/31/02 and
2/12/02 and Transportation minutes dated 4/16/02.
SJR 44 - See Labor and Commerce minutes dated 4/15/02 and Finance
Report dated 4/24/02.
HB 254 - See State Affairs minutes dated 4/11/02 and 4/16/02.
WITNESS REGISTER
Ms. Terry Bannister
Legislative Affairs Agency
Legislative Legal and Research
Services
State Capitol
Juneau, AK 99801-1182
Ms. Carol Carroll
Department of Military &
Veterans Affairs
PO Box 5800
Ft Richardson, AK 99505-0800
ACTION NARRATIVE
TAPE 02-10, SIDE A
Number 001
CHAIRMAN RANDY PHILLIPS called the Senate Rules Committee meeting
to order at 10:47 a.m. Senators Halford, Therriault and Phillips
were present. Senators Cowdery and Ellis arrived momentarily. The
first order of business to come before the committee was SB 238.
CHAIRMAN PHILLIPS informed members that SB 238-PUBLIC RECORDS:
STATE SECURITY & SAFETY was requested by the Governor. It will
require a title change so Ms. Bannister and Ms. Carroll were
present to explain a proposed amendment to do so.
SENATOR HALFORD moved to adopt the suggested title amendment to
SB 238.
MS. TERRY BANNISTER, legal counsel, Legislative Affairs Agency,
told members the current title of the bill could be misleading as
it only describes some of the documents that would be exempted.
She is concerned that it might appear the exemption is limited to
those documents named in the title so the amendment adds the
remaining documents that should exempted. In an effort to be as
accurate as possible, she also asked to change the word "safety"
use throughout the bill to "security."
CHAIRMAN PHILLIPS asked if the Department of Military and
Veterans Affairs (DMVA) has taken a position on the proposed
amendment.
MS. CAROL CARROLL, Department of Military and Veterans Affairs,
told members that the first part deletes the reference to
"systems facilities and infrastructure" and places it in the
exemption. She said DMVA has no objection to that change.
CHAIRMAN PHILLIPS asked if there was further discussion or
objection to the amendment.
SENATOR THERRIAULT informed members that Ms. Carroll asked that
the committee drop one section of the bill. He questioned whether
the new title will still apply it that section is dropped.
MS. BANNISTER said, "We would have to interpose - we could adjust
that when you send us the bill if you do something. That will
remove that whole exempting part and we would have to take out
the page 1, lines 1-2, the reference to 'and procedures and to
systems facilities and infrastructure in the state.'" She asked
to have the opportunity to look it over if the committee makes
that change.
SENATOR HALFORD withdrew his motion to adopt the proposed title
amendment.
MS. CAROL CARROLL said she is requesting that Section 2 be
deleted because some people are uncomfortable with it. The need
for Section 2 is not immediate, while the need for Section 1 is.
DMV proposes to work more extensively and bring the content of
Section 2 before the legislature next year when all concerns have
been addressed. She pointed out that Section 1 pertains to the
public records exemption and would allow the state, if the
document contained security plans, to determine if its release
could be harmful to the public or circumvent the law in any way.
SENATOR THERRIAULT moved to delete Section 2 and amend the title
accordingly.
CHAIRMAN PHILLIPS asked Ms. Carroll if by "some people" she meant
legislators.
MS. CARROLL said the other body has deleted Section 2 from the
bill and that several questions were raised about it in one of
the committee hearings.
SENATOR THERRIAULT repeated the motion.
MS. BANNISTER asked that the motion allow her to adjust the title
as needed.
SENATOR THERRIAULT stated that he would expect the legal drafter
to make whatever additional title changes are necessary to
clarify the content of the bill.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR HALFORD moved to calendar CSSB 238(RLS).
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR COWDERY moved to calendar SJR 44-STATE-FEDERAL JOINT
RESEARCH PLAN at the Chairman's discretion with its zero fiscal
note.
CHAIRMAN PHILLIPS announced that with no objection, the motion
carried.
SENATOR HALFORD informed members that he is still working on an
amendment to HB 254-STATE RETIREMENT SYSTEMS/WARRANTS and asked
that it be held in committee.
SENATOR ELLIS concurred that the bill needs more work that should
not require much time.
CHAIRMAN PHILLIPS noted that with no objection, HB 254 would be
held in committee. He then adjourned the meeting at 10:58 a.m.
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