04/12/2002 10:26 AM Senate FIN

                                                                                                                                
     CS FOR SENATE BILL NO. 219(RES)                                                                                            
     "An Act establishing and relating to the Joint Federal and                                                                 
     State Navigable Waters Commission for Alaska; and providing                                                                
     for an effective date."                                                                                                    
                                                                                                                                
                                                                                                                                
This was the second hearing for this bill in the Senate Finance                                                                 
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Kelly  stated he had concerns with the original  version of                                                            
the  bill  and  spoke  to  a  proposed  committee   substitute  that                                                            
addresses  these  concerns.  One concern,  he  pointed  out, is  the                                                            
stipulation  that  designates  one  seat  on the  Commission  to  an                                                            
Alaskan  Native.  He surmised  this  language  duplicates  statutory                                                            
language  governing another  commission. However,  he commented,  "I                                                            
don't think the State has any business appointing by race."                                                                     
                                                                                                                                
Co-Chair  Kelly  relayed  his  second  concern   with  the  original                                                            
legislation is that the  number of appointments made by the Governor                                                            
outnumbers  the number appointed by  the Legislature. He  opined, "I                                                            
don't think  that the Executive  Branch should  be outnumbering  the                                                            
peoples' branch on any kind of commission."                                                                                     
                                                                                                                                
Co-Chair  Kelly  informed  the  Committee  that  Section  3  of  the                                                            
proposed committee  substitute delineates how the  membership of the                                                            
Commission  would  be appointed;   three members  appointed  by  the                                                            
Governor,  and two  each  by the  President  of the  Senate and  the                                                            
Speaker of the House of Representatives.                                                                                        
                                                                                                                                
Senator Green  offered a motion to adopt CS SB 219,  22-LS0965\L, as                                                            
a working draft.                                                                                                                
                                                                                                                                
Senator Hoffman  objected for clarification.  He noted Section  3(b)                                                            
specifies  individuals would  be appointed  to the Commission  under                                                            
the  requirements  of federal  law  and asked  that  if federal  law                                                            
requires  appointment  of an  Alaska Native  whether  this would  be                                                            
done.                                                                                                                           
                                                                                                                                
Co-Chair Kelly affirmed  but qualified these members would represent                                                            
the federal government seats on the joint Commission.                                                                           
                                                                                                                                
Senator Hoffman  removed his objection to adoption  of the committee                                                            
substitute.                                                                                                                     
                                                                                                                                
Without objection the committee substitute was ADOPTED.                                                                         
                                                                                                                                
Senator  Green  offered  a motion  to  move  CS  SB 219  (FIN)  from                                                            
Committee   with  accompanying  $200,000   fiscal  noted   from  the                                                            
Department of Natural Resources.                                                                                                
                                                                                                                                
There was no objection and the bill MOVED from Committee.                                                                       
                                                                                                                                
AT EASE 10:29 AM / 10:30 AM                                                                                                     
                                                                                                                                
Co-Chair Kelly  noted the FY 03 operating budget would  be heard the                                                            
following week.