Legislature(2001 - 2002)
05/11/2002 10:40 AM Senate RLS
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* first hearing in first committee of referral
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ALASKA STATE LEGISLATURE
SENATE RULES COMMITTEE
May 11, 2002
10:40 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
SENATE BILL NO. 268
"An Act relating to the issuance of state-guaranteed revenue
bonds by the Alaska Housing Finance Corporation to finance
mortgages for qualifying veterans; and providing for an effective
date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 180(JUD)
"An Act relating to persons who provide services related to
children; establishing a legislative task force on child
services; and providing for an effective date."
APPROVED FOR CALENDARING
HOUSE BILL NO. 348
"An Act relating to violations of domestic violence protective
orders."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 443(L&C)
"An Act retroactively extending the application and licensing
deadlines and amending the effective date of certain provisions
relating to regulation of persons who practice tattooing and
permanent cosmetic coloring or body piercing; and providing for
an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 474(CRA) am
"An Act relating to public rights-of-way and easements for
surface transportation affecting the Anchorage Coastal Wildlife
Refuge."
APPROVED FOR CALENDARING
HOUSE BILL NO. 501
"An Act relating to the use of unclaimed property to pay court-
ordered restitution; and providing for an effective date."
APPROVED FOR CALENDARING
CS FOR HOUSE BILL NO. 517(STA)
"An Act relating to the disposition of obsolete or surplus state
property."
APPROVED FOR CALENDARING
PREVIOUS COMMITTEE ACTION
SB 268 - See State Affairs minutes dated 2/12/02 and Finance
Report dated 5/9/02.
HB 58 - See Labor and Commerce minutes dated 5/6/01 and Finance
Report dated 5/11/02.
HB 180 - See Judiciary minutes dated 5/8/02.
HB 348 - See HESS minutes dated 4/24/02 and Judiciary minutes
dated 5/8/02.
HB 443 - See Labor and Commerce minutes dated 4/25/02 and Finance
Report dated 5/9/02.
HB 474 - See Resources minutes dated 5/6/02.
HB 501 - See Judiciary minutes dated 5/9/02.
HB 517 - See State Affairs minutes dated 5/7/02.
WITNESS REGISTER
Mr. John Bittney
Alaska Housing Finance Corporation
PO Box 101020
Anchorage, AK 99510-1020
POSITION STATEMENT: Answered a question about SB 268
Representative Eric Croft
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Explained the contents of HB 348
Representative Joe Green
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prefers the House version of HB 474
Ms. Laura Achee
Staff to Representative Green
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Explained the differences between the House
and Senate versions of HB 474
Mr. Dennis Poshard
Special Assistant
Department of Transportation &
Public Facilities
3132 Channel Dr.
Juneau, AK 99801-7898
POSITION STATEMENT: Opposed to HB 474 but prefers the House
version
ACTION NARRATIVE
TAPE 02-13, SIDE A
Number 001
CHAIRMAN RANDY PHILLIPS called the Senate Rules Committee meeting
to order at 10:40 a.m. Senators Cowdery, Ellis and Phillips were
present.
CHAIRMAN PHILLIPS informed members that the committee has a
fiscal note to SB 54-ALASKA VETERANS ADVISORY COUNCIL that was
not approved the previous day.
SENATOR COWDERY moved to attach the updated fiscal note to SB 54
for the purpose of calendaring.
CHAIRMAN PHILLIPS announced that with no objection, the updated
fiscal note would be attached to SB 54.
SENATOR ELLIS moved to calendar SB 268-GUARANTEED REVENUE BONDS
FOR VETERANS with its attached fiscal notes at the Chairman's
discretion.
CHAIRMAN PHILLIPS asked why Korean War veterans are not included
in this bill.
MR. JOHN BITTNEY, Alaska Housing Finance Corporation (AHFC), told
members that the program is governed by federal rules under the
U.S. tax code that qualify the bonds for a tax exemption. Under
the U.S. tax code, the term "qualified veteran" is defined as
someone who served prior to January 1, 1977 or cannot have been
discharged more than 30 years prior to the date of the
application of the loan. AHFC is supporting measures in Congress
right now that will expand the definition and the legislature has
voted in unanimous support of sending a resolution to Congress to
support those measures.
CHAIRMAN PHILLIPS noted that with no further questions or
objections, SB 268 would be calendared.
CHAIRMAN PHILLIPS announced that the committee does not yet have
possession of HB 58.
SENATOR ELLIS moved to calendar CSHB 180(JUD)-YOUTH SERVICES:
REGULATION & TASK FORCE and its accompanying fiscal notes at the
Chairman's discretion.
CHAIRMAN PHILLIPS announced that with no questions or objections,
the motion carried.
SENATOR THERRIAULT asked for a review of HB 348-VIOLATION OF A
DOMESTIC VIOLENCE ORDER.
REPRESENTATIVE ERIC CROFT, sponsor of HB 348, described the bill
as a simple measure that describes the knowledge requirement one
needs to show to prove violation of a domestic violence
restraining order. He said a court opinion was issued last year
in which the judge could not determine the legislature's
intention. Because of that opinion, it is almost impossible to
prosecute these cases. The defense can rely on an unreasonable
mistake of fact so that if the defendant believed something, no
matter how "off-the-wall," a jury cannot determine it to be
unreasonable. As an example, he noted that an individual might
claim to have not known that a phone call would be considered a
means of communication in regard to a restraining order.
Representative Croft said the current standard requires a
prosecutor to prove what "is in a person's head." The court
opinion has caused a lot of consternation in the prosecutorial
community. Representative Croft said that HB 348 contains a
middle ground standard.
SENATOR ELLIS moved to calendar HB 348 and its two accompanying
fiscal notes at the Chairman's discretion.
SENATOR COWDERY objected.
CHAIRMAN PHILLIPS announced that the motion to calendar HB 348
carried with Senators Therriault, Ellis and Phillips in favor and
Senator Cowdery opposed.
SENATOR COWDERY moved to calendar CSHB 443(L&C)-TATTOOING AND
BODY PIERCING at the Chairman's discretion.
SENATOR ELLIS objected and said that he is a reluctant supporter
of this legislation. He sponsored the original effort to bring
some regulatory oversight to tattooing and body piercing. He
noted that Alaska is the "wild west" of tattooing and body
piercing with no regulations and unsanitary practices taking
place. Minors have gotten hepatitis from the practice. Senator
Ellis said the sponsor's concern in HB 443 is that a few of the
practitioners did not get the notice of minimal state regulation
of their activities so they will be given a window of opportunity
to "get legal." He said he is willing to go along with this
approach once but he cannot support reopening the window again
because the public health is at risk from practitioners who are
not "good actors." He pointed out that the responsible
practitioners were registered and therefore notified. He repeated
that he will give the others the benefit of the doubt one time
but hopes the legislature does not attempt to open this window
again.
CHAIRMAN PHILLIPS announced that without objection, the motion to
calendar CSHB 443(L&C) carried.
CHAIRMAN PHILLIPS asked Representative Green which version of HB
474 he prefers.
REPRESENTATIVE JOE GREEN, sponsor of CSHB 474(CRA) am -ANCHORAGE
COASTAL WILDLIFE REFUGE, told members he prefers the House
version (CSHB 474(CRA) am.
CHAIRMAN PHILLIPS asked for an explanation of the two versions.
MS. LAURA ACHEE, staff to Representative Green, stated that both
bills require the Department of Transportation and Public
Facilities (DOTPF), if it seeks to create a new easement through
the Anchorage Coastal Wildlife Refuge, to come back to the
legislature. The House version only requires that DOTPF notify
the legislature whereas the Senate version requires approval from
the legislature. The Senate version more closely resembles the
original bill introduced by Representative Green but the changes
made in the House version were more acceptable to House members.
She pointed out the difference can be summed up by saying in the
House version, inaction by the legislature implies tacit approval
of the easement while in the Senate version, inaction by the
legislature implies tacit disapproval. From DOTPF's perspective,
the House version will make its job much easier.
SENATOR THERRIAULT asked why the legislature would want this
level of involvement in this refuge.
MS. ACHEE replied that this project has been ongoing for several
years. Although it went through the public process, a lot of
Anchorage residents have felt their concerns were not heard. The
Anchorage Coastal Wildlife Refuge is unique because islands
protect that section of coastline from ice scour that ravages the
rest of Cook Inlet. The protected shoreline provides habitat for
nesting shore birds. Many of the proposed trail routes for the
coastal trail extension would go right through the prime habitat
areas. Biologists and local residents were speaking out against
those routes and felt DOTPF was not listening to any of their
concerns. The only proposed routes that were showing up on the
plans were those through the coastal refuge. Representative Green
was asked to get involved because so many people felt the process
was broken and asked that the legislature have final oversight
authority over the refuge it created in 1988.
REPRESENTATIVE GREEN informed members that this oversight would
apply only to refuge lands. There is a belt along a considerable
amount of the 12-mile refuge and the juncture between the bluff
and the flat is where the critical habitat is located in most
cases. That would have also been the location of the trail under
consideration for two years by DOTPF.
SENATOR THERRIAULT asked to hear from a representative of DOTPF.
MR. DENNIS POSHARD, DOTPF, thanked the sponsor for agreeing that
the House version is a better version - DOTPF takes that position
also. However, DOTPF does continue to oppose the bill. DOTPF
believes the establishment of the wildlife refuge and the Alaska
Department of Fish and Game (ADF&G) management plan is sufficient
in order to oversee the wildlife and what occurs within the
wildlife refuge. He believes Representative Green's concerns are
very legitimate in regard to protecting the wildlife, but the
federally-mandated NEPA process is working well and will result
in a trail route that does protect the wildlife. He noted that
the Orange route, which was the most coastal route, has been
removed and, in lieu of that route, a new route has been proposed
by ADF&G. That is the result of interagency cooperation to
propose a route that can be permitted by all agencies that
oversee wildlife protection and wetlands management. DOTPF
believes the bill is unnecessary but asks the legislature, if it
supports the bill, to support the House version.
SENATOR THERRIAULT asked who prepared the Senate version.
MS. ACHEE specified that Senator Halford prepared the amendment
in the Senate Resources Committee.
CHAIRMAN PHILLIPS said it is his opinion that if the sponsor
wants a specific version of his or her own bill, the sponsor
should get it. He said the Senate will have to "slug it out on
the floor."
SENATOR THERRIAULT stated that if the Senate Rules Committee
addresses the House version, it will have eliminated the Senate
committee process. He then asked Representative Green if he
believes ADF&G is being coerced into moving forward with the
route that has habitat problems.
REPRESENTATIVE GREEN said that a significant change recently took
place and that his concern is that if this legislation doesn't
pass, that "would then possibly get shaken." He noted that an
ADF&G biologist spoke against the Orange route, as well as many
others, yet that route stayed active for two years. He said the
way the Administration is looking at it now is very, very
favorable. He feels everyone is in tune with the possible
exception of two or three landowners that lie along the new
route. He noted the cost of maintaining the Orange route would
have been very high and habitat would have been destroyed. He
felt the process is now on track and CSHB 474(CRA) am will ensure
it stays that way.
SENATOR THERRIAULT said he believes the Rules Committee should
act as a gatekeeper and decide whether a bill is calendared or
not.
SENATOR ELLIS moved to calendar CSHB 474(CRA) am with its
accompanying fiscal note.
CHAIRMAN PHILLIPS announced that the motion failed with Senators
Cowdery and Therriault opposed and Senators Ellis and Phillips in
favor.
SENATOR COWDERY moved to calendar SCS CSHB 474(RES) with its zero
fiscal note.
SENATOR ELLIS objected.
CHAIRMAN PHILLIPS announced that the motion carried with Senators
Therriault, Cowdery and Phillips in favor and Senator Ellis
opposed.
SENATOR THERRIAULT moved to calendar HB 501-UNCLAIMED PROPERTY &
RESTITUTION with its zero fiscal notes at the Chairman's
discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
SENATOR THERRIAULT moved to calendar CSHB 517(STA)-
SURPLUS/OBSOLETE STATE PROPERTY with its zero fiscal note at the
Chairman's discretion.
CHAIRMAN PHILLIPS announced that without objection, the motion
carried.
There being no further business to come before the committee,
CHAIRMAN PHILLIPS adjourned the meeting at 11:05 a.m.
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