SENATE RULES COMMITTEE April 14, 2000 12:52 p.m. MEMBERS PRESENT Senator Tim Kelly, Chair Senator Loren Leman, Vice Chair Senator Mike Miller Senator Drue Pearce Senator Johnny Ellis MEMBERS ABSENT None COMMITTEE CALENDAR SENATE BILL NO. 248 "An Act relating to the financing authority, payment in lieu of tax agreements, and tax exemption for assets and projects of the Alaska Industrial Development and Export Authority; relating to renaming and contingently repealing the rural development initiative fund within the Department of Community and Economic Development, and establishing the rural development initiative fund within the Alaska Industrial Development and Export Authority; and providing for an effective date." -MOVED ALL VERSIONS OF SB 248 OUT OF COMMITTEE SENATE BILL NO. 261 "An Act relating to needle stick and sharps injury protections and the use of safe needles by health care facilities and health care professionals; and providing for an effective date." -MOVED ALL VERSIONS OF SB 261 OUT OF COMMITTEE CS FOR HOUSE BILL NO. 3(JUD) "An Act relating to controlled substances and to the possession of certain chemicals." -MOVED CSHB 3(JUD) OUT OF COMMITTEE SENATE CONCURRENT RESOLUTION NO. 18 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 114, relating to the taking of antlerless moose. -MOVED SCR 18 OUT OF COMMITTEE HOUSE JOINT RESOLUTION NO. 60 Opposing the designation of millions of acres of Alaska as critical habitat for the Spectacled Eider and the Steller's Eider. -MOVED HJR 60 OUT OF COMMITTEE CS FOR HOUSE BILL NO. 180(FIN) am "An Act relating to the manufacture, use, display, or delivery of controlled substances while children are present." -MOVED CSHB 180(FIN)am OUT OF COMMITTEE SENATE BILL NO. 220 "An Act clarifying the requirements for limited liability companies and partnerships to qualify for the Alaska bidder's and disability preferences under the State Procurement Code; and providing for an effective date." -MOVED ALL VERSIONS OF SB 220 OUT OF COMMITTEE CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 275(JUD) "An Act relating to the Uniform Probate Code, including trusts and governing instruments; relating to trustees; relating to underproductive trust property; and relating to conveyances of real property and interests in real property by or to trusts." -MOVED CS SSHB 275(JUD) OUT OF COMMITTEE CS FOR HOUSE BILL NO. 288(JUD) "An Act relating to the creation of an aggravating factor for the commission of domestic violence in the physical presence or hearing of a child." -MOVED CSHB 288(JUD) OUT OF COMMITTEE SENATE BILL NO. 283 "An Act relating to the accounting for and appropriations of state land disposal program revenue; and providing for an effective date." -MOVED SB 283 OUT OF COMMITTEE CS FOR HOUSE BILL NO. 361(FIN) "An Act relating to charges for state services; requiring that fees levied by resource agencies for designated regulatory services be based on the actual and reasonable direct cost of providing the services, except in the case of certain negotiated or fixed fees; relating to negotiated and fixed fees of resource agencies; relating to invoices for designated regulatory services; establishing a petition process regarding fees charged by resource agencies for regulatory services; and providing for an effective date." -MOVED CSHB 361(FIN) OUT OF COMMITTEE HOUSE BILL NO. 437 "An Act relating to the reinstatement of Native corporations; and providing for an effective date." -MOVED HB 437 OUT OF COMMITTEE SENATE JOINT RESOLUTION NO. 40 Proposing amendments to the Constitution of the State of Alaska providing that the governor, United States senators, United States representative, and electors of the President and Vice-President of the United States be elected by a majority vote. -MOVED ALL VERSIONS OF SJR 40 OUT OF COMMITTEE PREVIOUS SENATE COMMITTEE ACTION SB 248 - See Community & Regional Affairs minutes dated 3/6/00, Labor and Commerce minutes dated 3/28/00, and Finance Report dated 4/13/00. SB 261 - See HESS minutes dated 3/8/00 and 3/20/00 and Finance Report dated 4/14/00. HB 3 - See Senate Judiciary minutes dated 1/24/00 and Finance Report dated 4/13/00. SCR 18 - No previous Senate action. HJR 60 - See Resources minutes dated 4/13/00. HB 180 - See Judiciary Committee minutes dated 3/20/00 and Finance Report dated 4/14/00. SB 220 - See Labor and Commerce Committee minutes dated 2/10/00 and Finance Report dated 4/13/00. HB 275 - See Judiciary minutes dated 3/22/00 and 4/5/00. HB 288 - See Judiciary minutes dated 3/27/00. SB 283 - See Resources minutes dated 3/27/00 and 3/29/00 and Finance Report dated 4/13/00. HB 361 - See Finance Report dated 4/14/00. HB 437 - No previous Senate action. SJR 40 - See Rules Committee minutes dated 4/6/00 and Finance Report dated 4/04/00. ACTION NARRATIVE TAPE 00-09, SIDE A CHAIRMAN KELLY called the Senate Rules Committee meeting to order at 12:52 p.m. All members were present. CHAIRMAN KELLY announced that a supplemental calendar would be before the Senate today. SENATOR LEMAN moved to calendar at the Chairman's discretion all versions of SB 248-AIDEA: BONDS & RURAL DEVELOPMENT with accompanying fiscal notes and individual recommendations. There being no objection, the motion carried. SENATOR ELLIS moved to calendar at the Chairman's discretion all versions of SB 261-PROTECTION FROM NEEDLE & SHARPS INJURIES with accompanying fiscal notes and individual recommendations. There being no objection, the motion carried. SENATOR LEMAN moved to calendar at the Chairman's discretion CSHB 3-DRUGS (JUD): POSSESSION OF LISTED CHEMICALS with accompanying fiscal notes and individual recommendations. There being no objection, the motion carried. SENATOR LEMAN moved to calendar SCR 18-SUSPEND RULES CONCERNING HB 114 at the Chairman's discretion. There being no objection, the motion carried. SENATOR LEMAN moved to calendar HJR 60-HABITAT FOR ENDANGERED EIDER DUCKS at the Chairman's discretion. SENATOR ELLIS objected. The motion carried with Senators Leman, Miller, Pearce and Chairman Kelly voting "yea," and Senator Ellis voting "nay." SENATOR LEMAN moved to calendar, at the Chairman's discretion, CSHB 180(FIN)-DRUGS WHERE MINORS ARE PRESENT. There being no objection, the motion carried. SENATOR LEMAN moved to calendar, at the Chairman's discretion, all versions of SB 220-PROCUREMENT PREFS:PARTNERSHP/LTD LIAB CO with accompanying fiscal notes and individual recommendations. There being no objection, the motion carried. SENATOR LEMAN moved to calendar, at the Chairman's discretion, CSHB 275 (JUD)-UNIFORM PROBATE CODE/TRUSTS/PROPERTY with accompanying fiscal notes and individual recommendations. There being no objection, the motion carried. SENATOR LEMAN moved to calendar, at the Chairman's discretion, HB 288-CHILDREN WITNESSING DOMESTIC VIOLENCE with accompanying fiscal notes and individual recommendations. There being no objection, the motion carried. SENATOR LEMAN moved to calendar, at the Chairman's discretion, SB 283-NAT RES.REVENUE: FISH/TIMBER/LAND with accompanying fiscal notes and individual recommendations. There being no objection, the motion carried. SENATOR LEMAN moved to calendar, at the Chairman's discretion, HB 361-FEES FOR STATE SERVICES with accompanying fiscal notes and individual recommendations. There being no objection, the motion carried. SENATOR LEMAN moved to calendar, at the Chairman's discretion, HB 437-REINSTATEMENT OF NATIVE CORPORATIONS with accompanying fiscal notes and individual recommendations. There being no objection, the motion carried. CHAIRMAN KELLY announced that a proposed Senate Rules committee substitute had been prepared for SJR 40-CONST AM:ELECTION & TERMS OF GOV & LT GOV. He explained that the proposed committee substitute addresses the concern of when the new governor shall take office. In the original resolution, the new governor was to take office in early December, according to the Constitution. That date would not leave enough time to hold a runoff election. The proposed committee substitute allows that the next governor will take office on the third Tuesday in January which is the same date that the Legislature convenes on a gubernatorial election year. SENATOR ELLIS stated that several people wanted to testify on the proposed committee substitute but they were unaware of the Committee's schedule. CHAIRMAN KELLY noted that he is aware that opposition to SJR 40 and the proposed committee substitute exists but that the same debate can occur on the floor that could occur in the Committee. SENATOR MILLER moved to adopt the proposed committee substitute to SJR 40. SENATOR ELLIS objected. The motion carried with Senators Miller, Pearce, and Chairman Kelly voting "yea," and Senators Leman and Ellis voting "nay." SENATOR LEMAN moved to calendar, at the Chairman's discretion, all versions of SJR 40-CONST AM:ELECTION & TERMS OF GOV & LT GOV with individual recommendations. SENATOR ELLIS objected. The motion carried with Senators Leman, Miller, Pearce, and Chairman Kelly voting "yea," and Senator Ellis voting "nay." There being no further business to come before the committee, CHAIRMAN KELLY adjourned the meeting at 1:57 p.m.