Legislature(2001 - 2002)
05/13/2002 09:10 AM House RLS
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
May 13, 2002
9:10 a.m.
MEMBERS PRESENT
Representative Pete Kott, Chair
Representative Brian Porter
Representative Vic Kohring
Representative Carl Morgan
Representative Lesil McGuire
Representative Ethan Berkowitz
Representative Reggie Joule
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 519
"An Act authorizing priority treatment under the Right-of-Way
Leasing Act for an Alaska North Slope natural gas project;
expanding the scope for the kinds of gas development projects
that may become qualified projects under the Alaska Stranded Gas
Development Act; extending the deadline for submitting
applications under the Alaska Stranded Gas Development Act;
exempting an Alaska North Slope natural gas project from state
property tax and all municipal taxes during construction; and
providing for an effective date."
- HEARD AND HELD
CS FOR SENATE BILL NO. 371(RES) am
"An Act exempting the use of munitions in certain areas from a
waste disposal permit requirement of the Department of
Environmental Conservation; relating to general or nationwide
permits under the Alaska coastal management program and to
authorizations and permits issued by the Alaska Oil and Gas
Conservation Commission; and providing for an effective date."
- MOVED CSSB 371(RES) am OUT OF COMMITTEE
CS FOR SENATE BILL NO. 363(STA) am
"An Act relating to communications and elections, to reporting
of contributions and expenditures, and to campaign misconduct in
the second degree; relating to disclosure by individuals of
contributions to candidates; and providing for an effective
date."
- MOVED HCS CSSB 363(RLS) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 324(L&C)
"An Act providing that a utility or electric operating entity
owned and operated by a political subdivision of the state
competing directly with a telecommunications utility is not
subject to the Alaska Public Utilities Regulatory Act."
- MOVED CSSB 324(L&C) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HB 519
SHORT TITLE:NATURAL GAS PIPELINE: SPECIAL PROVISIONS
SPONSOR(S): RLS
Jrn-Date Jrn-Page Action
04/16/02 2952 (H) READ THE FIRST TIME -
REFERRALS
04/16/02 2952 (H) O&G, RES, FIN
04/19/02 (H) O&G AT 8:00 AM CAPITOL 124
04/19/02 (H) Moved CSHB 519(O&G) Out of
Committee
04/19/02 (H) MINUTE(O&G)
04/22/02 (H) RES AT 1:45 PM CAPITOL 124
04/22/02 (H) Moved CSHB 519(RES) Out of
Committee -- Time Change --
04/22/02 (H) MINUTE(RES)
04/22/02 3064 (H) O&G RPT CS(O&G) NT 4DP
04/22/02 3064 (H) DP: CHENAULT, DYSON, KOHRING,
FATE
04/22/02 3065 (H) FN1: (DNR)
04/22/02 3065 (H) FN2: (REV)
04/24/02 (H) FIN AT 1:30 PM HOUSE FINANCE
519
04/24/02 (H) Heard & Held
04/24/02 (H) MINUTE(FIN)
04/24/02 3108 (H) RES RPT CS(RES) NT 5DP 1DNP
3AM
04/24/02 3108 (H) DP: STEVENS, MCGUIRE, FATE,
CHENAULT,
04/24/02 3108 (H) MASEK; DNP: KERTTULA; AM:
GREEN,
04/24/02 3108 (H) KAPSNER, SCALZI
04/24/02 3109 (H) FN1: (DNR)
04/24/02 3109 (H) FN2: (REV)
04/25/02 (H) FIN AT 1:30 PM HOUSE FINANCE
519
04/25/02 (H) Heard & Held -- Recessed to
Friday 4/26 @ 9:00 AM --
MINUTE(FIN)
04/26/02 (H) FIN AT 9:00 AM HOUSE FINANCE
519
04/26/02 (H) Heard & Held
MINUTE(FIN)
04/29/02 (H) RLS AT 9:00 AM BUTROVICH 205
04/29/02 (H) Scheduled But Not Heard --
Recessed --
04/29/02 (H) FIN AT 1:30 PM HOUSE FINANCE
519
04/29/02 (H) Moved CSHB 519(FIN) Out of
Committee
04/29/02 (H) MINUTE(FIN)
04/30/02 3234 (H) FIN RPT CS(FIN) NT 4DP 2AM
04/30/02 3234 (H) DP: BUNDE, FOSTER, MULDER,
WILLIAMS;
04/30/02 3234 (H) AM: WHITAKER, HARRIS
04/30/02 3235 (H) FN(S): FORTHCOMING
04/30/02 3235 (H) FN3: (REV)
04/30/02 (H) RLS AT 5:00 PM BUTROVICH 205
04/30/02 (H) Scheduled But Not Heard --
Meeting Postponed to 5/1/02 -
05/01/02 3265 (H) FN4: (CED) RECEIVED FROM FIN
05/01/02 3265 (H) FN5: (DNR) RECEIVED FROM FIN
05/01/02 (H) RLS AT 5:00 PM BUTROVICH 205
05/01/02 (H) -- Meeting Canceled --
05/02/02 (H) RLS AT 9:00 AM BUTROVICH 205
05/02/02 (H) Scheduled But Not Heard --
Recessed to a call of the
Chair --
05/03/02 (H) RLS AT 2:00 PM BUTROVICH 205
05/03/02 (H) -- Meeting Canceled --
05/04/02 (H) RLS AT 2:00 PM BUTROVICH 205
05/04/02 (H) Moved CSHB 519(RLS) Out of
Committee
05/04/02 (H) MINUTE(RLS)
05/06/02 3399 (H) RETURNED TO RLS COMMITTEE
05/06/02 3388 (H) RLS RPT CS(RLS) NT 3DP 1NR
05/06/02 3388 (H) DP: KOHRING, PORTER, KOTT;
NR: MCGUIRE
05/06/02 3389 (H) FN3: (REV)
05/06/02 3389 (H) FN4: (CED)
05/06/02 3389 (H) FN5: (DNR)
05/06/02 3389 (H) FN6: (LWF)
05/06/02 3399 (H) RULES TO CALENDAR 5/6/02
05/07/02 (H) RLS AT 9:00 AM BUTROVICH 205
05/07/02 (H) -- Meeting Canceled --
05/07/02 3423 (H) RULES TO CALENDAR 5/7/02
05/07/02 3423 (H) RETURNED TO RLS COMMITTEE
05/10/02 3489 (H) RULES TO CALENDAR 5/10/02
05/10/02 3489 (H) MOVED TO BOTTOM OF CALENDAR
05/10/02 3498 (H) IN RULES COMMITTEE
05/11/02 3521 (H) RULES TO CALENDAR 5/11/02
05/11/02 3521 (H) MOVED TO BOTTOM OF CALENDAR
05/11/02 3554 (H) IN RULES
05/13/02 (H) RLS AT 9:00 AM BUTROVICH 205
BILL: SB 371
SHORT TITLE:WASTE PERMIT & COASTAL ZONE EXEMPTIONS
SPONSOR(S): STATE AFFAIRS
Jrn-Date Jrn-Page Action
04/29/02 3024 (S) READ THE FIRST TIME -
REFERRALS
04/29/02 3024 (S) RES
05/03/02 (H) RES AT 1:00 PM CAPITOL 124
05/03/02 (H) <Pending Referral>
05/03/02 (S) RES AT 3:30 PM BUTROVICH 205
05/03/02 (S) Moved CSSB 371(RES) Out of
Committee
05/03/02 (S) MINUTE(RES)
05/03/02 (S) MINUTE(RES)
05/06/02 3175 (S) RES RPT CS 4DP 2DNP SAME
TITLE
05/06/02 3175 (S) DP: TORGERSON, STEVENS,
WILKEN, TAYLOR;
05/06/02 3175 (S) DNP: ELTON, LINCOLN
05/06/02 3175 (S) FN1: ZERO(DEC)
05/08/02 (S) RLS AT 9:30 AM FAHRENKAMP 203
05/08/02 (S) MINUTE(RLS)
05/08/02 (S) MINUTE(RLS)
05/09/02 3260 (S) RULES TO CALENDAR 2OR 5/9/02
05/09/02 3269 (S) READ THE SECOND TIME
05/09/02 3269 (S) RES CS ADOPTED UNAN CONSENT
05/09/02 3269 (S) ADVANCED TO 3RD READING FLD
Y13 N6 A1
05/09/02 3270 (S) ADVANCED TO THIRD READING
5/10 CALENDAR
05/10/02 3315 (S) PASSED Y15 N3 A2
05/10/02 3315 (S) EFFECTIVE DATE(S) SAME AS
PASSAGE
05/10/02 3315 (S) ELLIS NOTICE OF
RECONSIDERATION
05/10/02 3313 (S) READ THE THIRD TIME CSSB
371(RES)
05/10/02 3313 (S) RETURN TO SECOND FOR AM 1
UNAN CONSENT
05/10/02 3314 (S) AM NO 1 ADOPTED Y16 N2 A2
05/10/02 3314 (S) ...CHANGES TITLE OF
LEGISLATION
05/10/02 3314 (S) AUTOMATICALLY IN THIRD
READING
05/11/02 3532 (H) HELD ON CLERK'S DESK
05/11/02 3531 (H) READ THE FIRST TIME
05/11/02 (H) RLS AT 9:30 AM BUTROVICH 205
05/11/02 (H) <Pending Referral> --
Recessed to a call of the
Chair --
05/11/02 3349 (S) RECON TAKEN UP - IN THIRD
READING
05/11/02 3350 (S) PASSED ON RECONSIDERATION Y16
N4
05/11/02 3350 (S) EFFECTIVE DATE(S) SAME AS
PASSAGE
05/11/02 3387 (S) TRANSMITTED TO (H)
05/11/02 3387 (S) VERSION: CSSB 371(RES) AM
05/12/02 3566 (H) REREAD THE FIRST TIME -
REFERRALS
05/12/02 3566 (H) RLS
05/12/02 3583 (H) RULES TO CALENDAR 5/12/02
05/12/02 3583 (H) IN RULES COMMITTEE
05/12/02 (H) RLS AT 4:00 PM BUTROVICH 205
05/12/02 (H) Heard & Held -- Recessed to
9:00 am Mon. 5/13 --
MINUTE(RLS)
05/13/02 (H) RLS AT 9:00 AM BUTROVICH 205
BILL: SB 363
SHORT TITLE:CAMPAIGN FINANCE PROVISIONS
SPONSOR(S): RLS
Jrn-Date Jrn-Page Action
04/18/02 2840 (S) READ THE FIRST TIME -
REFERRALS
04/18/02 2840 (S) STA
04/23/02 (S) STA AT 3:30 PM BELTZ 211
04/23/02 (S) Heard & Held
04/23/02 (S) MINUTE(STA)
05/04/02 (S) STA AT 1:30 PM BELTZ 211
05/04/02 (S) Moved CS(STA) Out of
Committee -- Time Change --
05/04/02 (S) MINUTE(STA)
05/06/02 3175 (S) STA RPT CS 4DP NEW TITLE
05/06/02 3175 (S) DP: THERRIAULT, PHILLIPS,
STEVENS,
05/06/02 3175 (S) DAVIS
05/06/02 3175 (S) FN1: (ADM)
05/06/02 3175 (S) FN2: ZERO(GOV)
05/06/02 3175 (S) FIN REFERRAL ADDED AFTER STA
05/07/02 (S) FIN AT 9:30 AM SENATE FINANCE
532
05/07/02 (S) Moved Out of Committee --
Time Change --
05/07/02 (S) MINUTE(FIN)
05/07/02 (S) RLS AT 11:45 AM FAHRENKAMP
203
05/07/02 (S) MINUTE(RLS)
05/07/02 3198 (S) FIN RPT CS(STA) 5DP 1NR
05/07/02 3198 (S) DP: DONLEY, KELLY, GREEN,
WILKEN,
05/07/02 3198 (S) LEMAN; NR: AUSTERMAN
05/07/02 3199 (S) FN2: ZERO(GOV)
05/07/02 3198 (S) FN3: (ADM)
05/07/02 3203 (S) STA CS ADOPTED UNAN CONSENT
05/07/02 3203 (S) ADVANCED TO 3RD READING FLD
Y14 N5 E1
05/07/02 3203 (S) ADVANCED TO THIRD READING 5/8
CALENDAR
05/07/02 3202 (S) RULES TO CALENDAR 5/7/02
05/07/02 3202 (S) READ THE SECOND TIME
05/08/02 3237 (S) READ THE THIRD TIME CSSB
363(STA)
05/08/02 3237 (S) RETURN TO SECOND FOR AM 1
UNAN CONSENT
05/08/02 3238 (S) AM NO 1 ADOPTED UNAN CONSENT
05/08/02 3238 (S) AUTOMATICALLY IN THIRD
READING
05/08/02 3238 (S) PASSED Y19 N- E1
05/08/02 3238 (S) EFFECTIVE DATE(S) SAME AS
PASSAGE
05/08/02 3244 (S) TRANSMITTED TO (H)
05/08/02 3244 (S) VERSION: CSSB 363(STA) AM
05/09/02 3460 (H) READ THE FIRST TIME -
REFERRALS
05/09/02 3460 (H) JUD
05/10/02 (H) JUD AT 1:00 PM CAPITOL 120
05/10/02 (H) Moved HCS CSSB 363(JUD) Out
of Committee --Teleconference
on above invite only--
MINUTE(JUD)
05/11/02 3516 (H) JUD RPT HCS(JUD) 2DP 4NR
05/11/02 3516 (H) DP: MEYER, JAMES; NR:
BERKOWITZ,
05/11/02 3516 (H) COGHILL, KOOKESH, ROKEBERG
05/11/02 3517 (H) FN2: ZERO(GOV)
05/11/02 3517 (H) FN4: ZERO(H.JUD/ADM)
05/13/02 (H) RLS AT 9:00 AM BUTROVICH 205
BILL: SB 324
SHORT TITLE:MUNICIPAL PUB.UTIL.COMPETING W/TELECOM
SPONSOR(S): SENATOR(S) TAYLOR
Jrn-Date Jrn-Page Action
02/19/02 2237 (S) READ THE FIRST TIME -
REFERRALS
02/19/02 2237 (S) L&C, JUD
03/05/02 (S) L&C AT 1:30 PM BELTZ 211
03/05/02 (S) Moved CS(L&C) Out of
Committee
03/05/02 (S) MINUTE(L&C)
03/06/02 2385 (S) L&C RPT CS 4NR SAME TITLE
03/06/02 2385 (S) NR: STEVENS, TORGERSON,
LEMAN, DAVIS
03/06/02 2385 (S) FN1: ZERO(CED)
03/15/02 (S) JUD AT 1:30 PM BELTZ 211
03/15/02 (S) -- Meeting Canceled --
03/20/02 (S) JUD AT 1:30 PM BELTZ 211
03/20/02 (S) Heard & Held
03/20/02 (S) MINUTE(JUD)
03/25/02 (S) JUD AT 1:30 PM BELTZ 211
03/25/02 (S) Moved Out of Committee
03/25/02 (S) MINUTE(JUD)
03/27/02 2535 (S) JUD RPT 2DP 2NR
03/27/02 2535 (S) DP: TAYLOR, COWDERY;
03/27/02 2535 (S) NR: DONLEY, THERRIAULT
03/27/02 2535 (S) FN1: ZERO(CED)
04/10/02 (S) RLS AT 10:30 AM FAHRENKAMP
203
04/10/02 (S) MINUTE(RLS)
04/29/02 3025 (S) READ THE SECOND TIME
04/29/02 3025 (S) L&C CS ADOPTED UNAN CONSENT
04/29/02 3025 (S) ADVANCED TO THIRD READING
4/30 CALENDAR
04/29/02 3022 (S) RULES TO CALENDAR 4/29/02
04/30/02 3050 (S) READ THE THIRD TIME CSSB
324(L&C)
04/30/02 3050 (S) RETURNED TO RLS COMMITTEE
05/11/02 3385 (S) BEFORE THE SENATE IN THIRD
READING
05/11/02 3385 (S) PASSED Y17 N1 A2
05/11/02 3386 (S) LINCOLN NOTICE OF
RECONSIDERATION
05/11/02 3385 (S) RULES TO 1ST SUP CALENDAR
5/11/02
05/12/02 3394 (S) RECON TAKEN UP - IN THIRD
READING
05/12/02 3394 (S) PASSED ON RECONSIDERATION Y18
N1 A1
05/12/02 3601 (H) READ THE FIRST TIME -
REFERRALS
05/12/02 3601 (H) RLS
05/12/02 3412 (S) TRANSMITTED TO (H)
05/12/02 3412 (S) VERSION: CSSB 324(L&C)
05/13/02 3620 (H) RLS RPT 3DP 4NR
05/13/02 3620 (H) DP: PORTER, KOHRING, KOTT;
NR: JOULE,
05/13/02 3620 (H) MORGAN, MCGUIRE, BERKOWITZ
05/13/02 3620 (H) FN1: ZERO(CED)
05/13/02 3646 (H) RULES TO CALENDAR 5/13/02
05/13/02 3646 (H) READ THE SECOND TIME
05/13/02 3647 (H) ADVANCED TO THIRD READING
5/14 CALENDAR
05/13/02 (H) RLS AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
SENATOR GENE THERRIAULT
Alaska State Legislature
Capitol Building, Room 121
Juneau, Alaska 99801
POSITION STATEMENT: Testified as the sponsor of CSSB 371(RES)
am and CSSB 363(STA) am.
JIM EASON, Lobbyist
Forest Oil Corporation
8611 Leeper Circle
Anchorage, Alaska 99504
POSITION STATEMENT: Urged passage of [CSSB 371(RES) am] without
the amendments.
PAT GALVIN, Director
Division of Governmental Coordination
Office of the Governor
PO Box 110030
Juneau, Alaska 9981-0030
POSITION STATEMENT: Mentioned the possibility of addressing
this issue in the regulatory process.
BOB SHAVELSON, Executive Director
Cook Inlet Keeper
(No address provided)
POSITION STATEMENT: Expressed hope that [CSSB 371(RES) am] not
move forward.
JOE BALASH, Staff
to Senator Gene Therriault
Alaska State Legislature
Capitol Building, Room 121
Juneau, Alaska 99801
POSITION STATEMENT: Answered questions with regard to the 15:5
form.
BROOKE MILES, Director
Alaska Public Offices Commission
Department of Administration
2221 E Northern Lights, Room 128
Anchorage, Alaska 99508-4149
POSITION STATEMENT: Provided remarks with regard to the 15:5
form.
RANDY RUARO, Staff
to Representative Bill Williams
Alaska State Legislature
Capitol Building, Room 515
Juneau, Alaska 99801
POSITION STATEMENT: Testified on behalf of the sponsor of SB
324.
KARL AMYLON, General Manager
Ketchikan Public Utilities
(No address provided)
POSITION STATEMENT: Testified that this legislation attempts to
preserve a level playing field for the different utility
components of Ketchikan Public Utilities.
ACTION NARRATIVE
TAPE 02-15, SIDE A
Number 0001
CHAIR PETE KOTT called the House Rules Standing Committee
meeting to order at 9:10 a.m. Representatives Kott, Porter,
Kohring, Morgan, Berkowitz, and Joule were present at the call
to order. Representative McGuire arrived as the meeting was in
progress. Also in attendance were Representatives Green,
Kerttula, and James.
HB 519-NATURAL GAS PIPELINE: SPECIAL PROVISIONS
CHAIR KOTT announced that the first order of business would be
HOUSE BILL NO. 519, "An Act authorizing priority treatment under
the Right-of-Way Leasing Act for an Alaska North Slope natural
gas project; expanding the scope for the kinds of gas
development projects that may become qualified projects under
the Alaska Stranded Gas Development Act; extending the deadline
for submitting applications under the Alaska Stranded Gas
Development Act; exempting an Alaska North Slope natural gas
project from state property tax and all municipal taxes during
construction; and providing for an effective date."
Number 0032
REPRESENTATIVE PORTER moved to adopt Version 22-LS1651\K,
Chenoweth, 5/10/02, as the working document. There being no
objection, Version K was before the committee.
CHAIR KOTT announced that HB 519 would be laid aside.
SB 371-WASTE PERMIT & COASTAL ZONE EXEMPTIONS
CHAIR KOTT announced that the next order of business would be CS
FOR SENATE BILL NO. 371(RES) am, "An Act exempting the use of
munitions in certain areas from a waste disposal permit
requirement of the Department of Environmental Conservation;
relating to general or nationwide permits under the Alaska
coastal management program and to authorizations and permits
issued by the Alaska Oil and Gas Conservation Commission; and
providing for an effective date."
Number 0082
SENATOR GENE THERRIAULT, Alaska State Legislature, testified as
the sponsor of CSSB 371(RES) am. He informed the committee that
there were discussions between [the interested parties],
however, no agreement was reached on the amendments.
Number 0124
REPRESENTATIVE BERKOWITZ withdrew Amendment 1 [which was moved
at the May 12, 2002, hearing]. He urged the parties to get
together. "It's an unfortunate practice when litigants wind up
in front of the legislature. We're not the proper forum to
resolve these disputes. Never, in my experience, has it led to
any kind of finality," he related. He expressed hope that there
would be a conclusion that would accommodate the interests of
everyone.
SENATOR THERRIAULT noted that he has another bill that addresses
the permitting process and attempts to review it in a global
sense. That legislation was introduced late in the session and
thus he wasn't able to work with all the different parties.
Therefore, he said that he has contemplated using the Joint
Committee on Legislative Budget & Audit as a possible funding
source to bring an arbiter to work on permits in a global
fashion with the interested parties.
REPRESENTATIVE BERKOWITZ related his belief that the
aforementioned idea is a good approach. He thanked Senator
Therriault for allowing his staff to work on this.
Number 0298
JIM EASON, Lobbyist, Forest Oil Corporation, noted that he meet
with Representative Kerttula on the pending amendments to CSSB
371(RES) am, and later with the counsel for the plaintiff in the
case precipitating the Alaska Supreme Court decision as well as
the Cook Inlet Keepers representative. After an in-depth
discussion of the amendments and the intent of the parties, it
was determined that two of the amendments would remove
provisions of the bill dealing with the range exemption that has
support in both bodies. In Mr. Eason's view, the other three
amendments would increase the litigation risk rather than
diminish it. Therefore, [he felt that the discussion] confirms
that it is important for this legislation to pass in order to
confirm that the process used by agencies throughout every
administration that has administered the coastal zone program is
the proper one.
Number 0434
PAT GALVIN, Director, Division of Governmental Coordination,
Office of the Governor, noted that he took part in the
discussions yesterday. He recalled that using the regulatory
process to address this issue as well as including the Supreme
Court's decision seemed to satisfy most interests. Mr. Galvin
said, "We believe that we have the support of both parties in
this situation, with regard to the legislation, to address that
in the regulations and we intend to do that."
Number 0529
BOB SHAVELSON, Executive Director, Cook Inlet Keeper, related
that yesterday's meeting was helpful because it was the first
time for the parties to come together. Clearly, there are some
philosophical riffs between the parties. Mr. Shavelson
specified, "The issue that we have is that we're trying to take
a broad brush, a sweeping look at the implications of site-
specific impacts." This legislation not only addresses the
general permits [related] to discharges in Cook Inlet but every
general permit that has been issued since 1995. This
legislation addresses a variety of industries that can have
significant localized effects. Therefore, Mr. Shavelson said
that [Cook Inlet Keeper] doesn't believe that a generalized
review is sufficient if the desire is to protect those who rely
on the resource. Mr. Shavelson related his sense that [Cook
Inlet Keeper] didn't hold many cards and that industry was
merely going through the process to report back that it had met.
He noted the considerable amount of influence the lobbyists have
over the legislature, which is of concern with regard to the
public's lack of ability to impact legislation. However, Mr.
Shavelson acknowledged that Forest Oil Corporation has done some
good things. For instance, reinjection of their production
wastes is important and will be held up as the standard for
future production activities in Cook Inlet. He turned to the
exploratory side of the issue and noted that [Cook Inlet Keeper]
wanted to see zero discharges for everything in Cook Inlet. He
related his belief that the technology to do so is available as
was illustrated when zero discharges were implemented on the
fifth well. Again, that should be the standard for oil and gas
development in Cook Inlet.
MR. SHAVELSON returned to this legislation and its sweeping
implications. He reiterated that this legislation has been
rushed through. With regard to the exemption for the Eagle
River Flats bombing range, he viewed it as a fishing issue in
which toxics are being discharged into a rich estuarine system.
Furthermore, he saw the state as divesting itself from the
obligation and duty it has to oversee the public resources that
are owned by everyone in the state. Mr. Shavelson said, "Again,
the linkage of these two things, I think, is an unholy alliance.
I think it's bad public policy, ... bad process. I would hope
that it would not move, but I'm afraid that that is not the
case."
MR. SHAVELSON turned to Mr. Eason's comment that this is the way
things have always been done. Continuing the status quo would
be fine if this were a static system. However, things have
changed and the situation now is one in which more and more
general permits are coming out. The court simply interpreted
the law as it was written. In conclusion, Mr. Shavelson echoed
Mr. Galvin's remarks with regard to the regulatory process being
used to resolve this issue without this legislation. He pointed
out that there is a consistency review draft regulation that has
been moving through the process with a considerable amount of
public debate from industry and citizen groups. The
aforementioned is the proper forum in which to address this
complex issue, he said.
REPRESENTATIVE KERTTULA related her thanks to the committee for
the latitude it has allowed on this matter.
Number 0925
REPRESENTATIVE PORTER pointed out that a substantial part of the
justification for taking this action was furnished by Mr.
Shavelson's testimony. That is, if this were a sweeping change
in the regulatory scheme, he said he would suggest moving with
much contemplation and in-depth analysis. However, this
[legislation] allows an accepted procedure to be restated so
that it can continue. If this practice should be revisited,
then it should be done with the necessary contemplation to
access the ramifications of any changes to all the resource
development projects in the state.
Number 1004
REPRESENTATIVE PORTER moved to report CSSB 371(RES) am out of
committee with individual recommendations and the accompanying
zero fiscal note. There being no objection, CSSB 371(RES) am
was reported from the House Rules Standing Committee.
SB 363-CAMPAIGN FINANCE PROVISIONS
CHAIR KOTT announced that the next order of business would be CS
FOR SENATE BILL NO. 363(STA) am, "An Act relating to
communications and elections, to reporting of contributions and
expenditures, and to campaign misconduct in the second degree;
relating to disclosure by individuals of contributions to
candidates; and providing for an effective date."
Number 1073
REPRESENTATIVE PORTER moved to adopt 22-LS1713\B, Kurtz,
5/12/02, as the working document. There being no objection,
Version B was before the committee.
SENATOR GENE THERRIAULT, Alaska State Legislature, testified as
the sponsor of SB 363. He pointed out the changes encompassed
in Version B as follows. On page 4, line 29, "automatic
telemarketer" was deleted because of concern that parties using
automatic dialers to call people to urge them to vote could be
construed as part of party activity. On page 5, lines 7-8, the
window for electioneering communications was reduced to "30 days
preceding a general or municipal election". On page 5, lines 9-
10, the definition of "express communication" was tightened in
order to reflect the traditional interpretation of Buckley v.
Valeo. The Buckley [case] requires that communication be
clearly advocated for the election or defeat of the candidates
with the specific words "vote for" or "vote against" being used.
SENATOR THERRIAULT pointed out that the majority of the bill
deals with eliminating the "15:5 form." As the campaign
financing laws have been modified over the last couple of years
such that the individual maximum contribution is $500, then the
15:5 form doesn't have to be filed until the $500 maximum is
reached. After talking with the Alaska Public Offices
Commission (APOC), he understood that the 15:5 form had been
regulated such that it was meaningless paperwork. He pointed
out that language was included such that the 15:5 form would be
required on ballot propositions otherwise the first indication
as to where the money for a ballot proposition originated would
be 30 days before the election. The APOC is happy to do away
with the 15:5 form.
Number 1312
REPRESENTATIVE BERKOWITZ related his understanding that under
the old reporting rules, reports go out for contributions and
expenditures to candidates or groups. However, the new
reporting rules don't seem to be as stringent. He asked if the
new reporting rules require disclosure of contributions to
anything other than a group organized with the principle purpose
of influencing the outcome of a proposition.
Number 1366
JOE BALASH, Staff to Senator Gene Therriault, Alaska State
Legislature, explained that the [remaining portions of] AS
15.13.040 maintains the reporting requirements for parties,
groups, and candidates. In the 30-, 10-, and 7-day reports
before elections, all parties, groups, and candidates will be
required to disclose the origin of the money received. In
further response to Representative Berkowitz, Mr. Balash
confirmed that [a candidate's] expenditures and groups organized
with the principle purpose of influencing the outcome of a
proposition are covered by the aforementioned [reporting]
requirements.
Number 1429
BROOKE MILES, Director, Alaska Public Offices Commission,
Department of Administration, informed the committee that the
15:5 form required for contributors has been a component of the
campaign disclosure law since its inception in 1974.
Originally, those giving more than $250 to a candidate or group
were required to file form 15:5. Changes connected with
campaign finance reform required that contributors would only
file [the 15:5 form] upon giving $500 and the time period was
expanded to allow the filing to occur [within] 30 days [of the
contribution]. Then legislation enacted early this year
required that [the 15:5 form] would also be filed by the
candidate. Ms. Miles said that the 15:5 form is no longer a
useful audit tool. Furthermore, it is more paperwork for the
candidate who is already files 30-day and 7-day reports for each
contributor that gives more than $100. When the change was made
that allowed the candidate to file on behalf of the contributor,
APOC discussed that since 1997 there has been a moratorium on
accessing civil penalties for a 15:5 form that was admitted
after the due date. The commission informed staff that after
the effective date of the legislation, April 16th, APOC would
access civil penalties. That change was of concern for
candidates.
Number 1570
REPRESENTATIVE BERKOWITZ referred to Section 1 of Version B,
which addresses AS 15.13.040(d). He related his understanding
that reporting contributions to candidates are included in the
current statute, but aren't included in the bill. Furthermore,
Section 3 seems to say that expenditures for billboard signs or
printed materials aren't required to be reported.
MS. MILES explained that Section 3 is the result of the McIntyre
(ph) case in the U.S. Supreme Court. This requires that those
spending less than $250 to print something wouldn't be subject
to the law when related to a ballot proposition.
REPRESENTATIVE BERKOWITZ noted that the McIntyre (ph) case isn't
part of the backup in the committee packet. Representative
Berkowitz related his understanding that the U.S. Supreme Court
says that one can have unlimited expenditures for billboards,
signs, or printed materials concerning a ballot proposition
without reporting it.
MS. MILES said, "Without being subject to the campaign
disclosure law, that's correct." The only change from current
law is the change in the citation from (d)(2) to (d).
MR. BALASH clarified that the billboards, signs, and printed
materials are part two of the test while part one of the test is
the restriction of not exceeding a cumulative total of more than
$250 during the calendar year.
REPRESENTATIVE BERKOWITZ returned to [Section 1] subsection (d).
MR. BALASH specified that the contributor is no longer required
to file a report, but contributions to candidates will still be
reported by the candidates.
CHAIR KOTT, determining there was no further public testimony,
closed the public testimony.
Number 1727
REPRESENTATIVE BERKOWITZ recalled that the House Judiciary
Standing Committee expressly wanted to include telephonic
telecommunications, which has been dropped in Version B.
Therefore, he moved the following conceptual amendment
[Amendment 1] that would restore the language ["automatic
telemarketing"] on page 4, line 29, in Version 22-LS1713\P.
MR. BALASH recalled that in last year's Singleton decision there
were some inferences made with regard to what parties can and
cannot do in terms of their expenditures. There is the
implication that party-building activities are off-limits from
regulation. The automatic telemarketing with which he is most
familiar is when one party turns to its members and encourages
them to vote on election day. The same could apply to a union
communicating to its members. Mr. Balash pointed out that
"automatic telemarketing" was in the middle of a list of
communications, he didn't believe that the severability clause
would allow the rest of the language stand.
REPRESENTATIVE BERKOWITZ said that the aforementioned arguments
also hold true for all the other forms of communication listed.
MR. BALASH pointed out that automatic telemarketing picks out
specific recipients of the message being communicated.
REPRESENTATIVE BERKOWITZ interjected that the same is true of
direct mail.
MR. BALASH agreed, and related his belief that the term "direct
mail" wasn't used.
REPRESENTATIVE BERKOWITZ said that automatic telemarketing seems
to fit in the list of communications.
CHAIR KOTT restated Amendment 1: page 4, line 29, after
"Internet," insert "automatic telemarketing". There being no
objection, Amendment 1 was adopted.
Number 1956
REPRESENTATIVE BERKOWITZ turned to the following amendment:
Page 1, line 2:
Delete "and"
Following "degree":
Insert ", and to repayment of prohibited
contributions"
Page 1, line 5, through page 6, line 11:
Delete all material and insert:
"* Section 1. AS 15.13.090, as amended by secs. 18
and 19, ch. 1, SLA 2002, is amended to read:
Sec. 15.13.090. Identification of communication
and disclosure of source of funds. (a) All
advertisements, billboards, handbills, paid-for
television and radio announcements, electioneering
communications, and other communications intended to
influence the election of a candidate or outcome of a
ballot proposition or question shall be clearly
identified by the words "paid for by" followed by the
name and address of the candidate, group, nongroup
entity, or individual paying for the communication
[ADVERTISING]. In addition, candidates and groups
must identify the name of their campaign chairperson.
(b) The provisions of (a) of this section do not
apply when the communication [ADVERTISEMENT]
(1) is paid for by an individual acting
independently of any group or nongroup entity and
independently of any other individual;
(2) is made to influence the outcome of a
ballot proposition as that term is defined by
AS 15.13.065(c); and
(3) is made for
(A) a billboard or sign; or
(B) printed material other than an
advertisement made in a newspaper or other periodical.
* Sec. 2. AS 15.13.090 is amended by adding a new
subsection to read:
(c) A person making a communication subject to
(a) of this section shall report to the commission the
source of funds used to pay for the communication
according to the schedule specified in
AS 15.13.110(a). If the communication is made within
nine days of an election, the source of funds used to
pay for the communication shall be reported to the
commission within 24 hours after the communication.
* Sec. 3. AS 15.13 is amended by adding a new
section to read:
Sec. 15.13.382. Repayment of prohibited
contributions. A person receiving a contribution any
portion of which was made in violation of the
provisions of this chapter shall return the full
contribution to the contributor.
* Sec. 4. AS 15.13.390(a) is amended to read:
(a) A person who fails to register when required
by AS 15.13.050(a) or who fails to file a properly
completed and certified report within the time
required by AS 15.13.040(d) - (f), 15.13.060(b) - (d),
[15.13.080(c),] 15.13.110(a)(1), (3), or (4), (e), or
(f) is subject to a civil penalty of not more than $50
a day for each day the delinquency continues as
determined by the commission subject to right of
appeal to the superior court. A person who fails to
file a properly completed and certified report within
the time required by AS 15.13.110(a)(2) or
15.13.110(b) is subject to a civil penalty of not more
than $500 a day for each day the delinquency continues
as determined by the commission subject to right of
appeal to the superior court. A person who violates a
provision of this chapter, except a provision
requiring registration or filing of a report within a
time required as otherwise specified in this section,
is subject to a civil penalty of not more than $50 a
day for each day the violation continues as determined
by the commission, subject to right of appeal to the
superior court. An affidavit stating facts in
mitigation may be submitted to the commission by a
person against whom a civil penalty is assessed.
However, the imposition of the penalties prescribed in
this section or in AS 15.13.380 does not excuse that
person from registering or filing reports required by
this chapter.
* Sec. 5. AS 15.13.400, as amended by ch. 1, SLA
2002, is amended by adding a new paragraph to read:
(13) "electioneering communication" means a
communication that
(A) is made within the 30 days preceding a
primary election or the 60 days preceding a general
election;
(B) is made by way of direct mail,
newspaper, Internet, broadcast, cable, or satellite
media, telephone poll, or organized series of calls to
an audience that includes voters who will have the
opportunity to vote on a candidate clearly identified
in the communication or on a candidate of a party
clearly identified in the communication; and
(C) when read as a whole and with limited
reference to external events, is susceptible of no
other reasonable interpretation but as an exhortation
to vote for or against a specific candidate in the
general or primary election.
* Sec. 6. AS 15.56.014(a) is amended to read:
(a) A person commits the crime of campaign
misconduct in the second degree if the person
(1) knowingly circulates or has written,
printed, or circulated a letter, circular, or
publication relating to an election, to a candidate at
an election, or to an election proposition or question
without the name and address of the author appearing
on its face;
(2) except as provided by AS 15.13.090(b),
knowingly prints or publishes an advertisement,
billboard, placard, poster, handbill, paid-for
television or radio announcement, electioneering
communication as that term is defined in AS 15.13.400,
or other communication intended to influence the
election of a candidate or outcome of a ballot
proposition or question without the words "paid for
by" followed by the name and address of the candidate,
group, or individual paying for the advertising or
communication and, if a candidate or group, with the
name of the campaign chair;
(3) knowingly writes or prints and
circulates, or has written, printed, and circulated, a
letter, circular, bill, placard, poster, or
advertisement in a newspaper, on radio, or on
television
(A) containing false factual information
relating to a candidate for an election;
(B) that the person knows to be false; and
(C) that would provoke a reasonable person
under the circumstances to a breach of the peace or
that a reasonable person would construe as damaging to
the candidate's reputation for honesty or [,]
integrity, or to the candidate's qualifications to
serve if elected to office."
Renumber the following bill sections accordingly.
He explained that Section 1 in the amendment requires that all
fund sources be disclosed and adds "electioneering
communications".
REPRESENTATIVE PORTER inquired as to why "electioneering
communications" was added.
REPRESENTATIVE BERKOWITZ pointed out that it works in
conjunction with the definition of "electioneering
communications" in the amendment, which is found in Section 5 of
the amendment.
REPRESENTATIVE PORTER noted, "But the bill changes those 30 and
60 days to 30 days."
REPRESENTATIVE BERKOWITZ agreed, but explained that "it
specifies not the intent of the person taking out the
advertisement but the consequence of the advertisement."
Representative Berkowitz pointed out that the language in
Section 5(C) of the amendment has been tested in the courts and
found to be acceptable. The language of the amendment doesn't
require an intent component in order to find that an
electioneering communication has occurred, which Version B seems
to do.
REPRESENTATIVE PORTER remarked that this is something that
should've been addressed in the House Judiciary Standing
Committee. He related his view that the language is restrictive
to the point that there will "nine out of ten ways to get around
it rather than one way to nail it down." Therefore,
Representative Porter objected.
SENATOR THERRIAULT pointed out that the amendment would require
a title change. Senator Therriault related that Version B
narrows the scope and takes into consideration court cases and
attempts to make the bill as defensible as possible. Therefore,
he preferred staying with Version B.
REPRESENTATIVE BERKOWITZ commented that he would like to see
some of the changes accommodated [because] time is running out.
REPRESENTATIVE PORTER maintained his objection to Amendment 2.
A roll call vote was taken. Representatives Berkowitz and Joule
voted for the adoption of Amendment 2. Representatives Porter,
Kohring, Morgan, McGuire, and Kott voted against the adoption of
Amendment 2. Therefore, Amendment 2 failed by a vote of 2-5.
Number 2195
REPRESENTATIVE PORTER moved to report HCS CSSB 363, Version 22-
LS1713\B, Kurtz, 5/12/02, as amended out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HCS CSSB 363(RLS) was reported from
the House Rules Standing Committee.
SB 324-MUNICIPAL PUB.UTIL.COMPETING W/TELECOM
CHAIR KOTT announced that the final order of business would be
CS FOR SENATE BILL NO. 324(L&C), "An Act providing that a
utility or electric operating entity owned and operated by a
political subdivision of the state competing directly with a
telecommunications utility is not subject to the Alaska Public
Utilities Regulatory Act."
RANDY RUARO, Staff to Representative Bill Williams, Alaska State
Legislature, explained that SB 324 continues to allow
municipally operated utilities to continue to be exempt from
regulation by the Regulatory Commission of Alaska (RCA) when the
utility faces competition from a telecommunications utility.
Therefore, regulations for municipally operated utilities would
continue to be done at the local level by the citizen utility
boards and elected municipal officials. That system of
regulation has been in Ketchikan for at least 50 years. Mr.
Ruaro noted that the RCA has submitted a letter that does not
oppose the bill. He informed the committee that the states of
Oregon and Washington maintain exceptions for utilities.
REPRESENTATIVE BERKOWITZ asked if this legislation applies only
to the Ketchikan utility.
MR. RUARO clarified that the statute is drafted to apply
statewide to any utility. In further response to Representative
Berkowitz, Mr. Ruaro said that he has heard that there are two
other municipal utilities that are operating up North.
Furthermore, it's possible for any municipality to form a
utility any time in the future.
REPRESENTATIVE McGUIRE asked what prompted this legislation.
Number 2313
KARL AMYLON, General Manager, Ketchikan Public Utilities,
answered that this legislation attempts to preserve a level
playing field for the different utility components of the
Ketchikan Public Utilities. Without this legislation, if a
telecommunications company comes to Ketchikan, "we potentially
risk all of our utilities ... becoming regulated." Furthermore,
there are different degrees of regulations. He explained that
if a lightly regulated telecommunications company enters
Ketchikan, Ketchikan Public Utilities would face becoming fully
rate regulated and the associated expenses.
REPRESENTATIVE McGUIRE inquired as to why a utility owned by a
political subdivision of the state should not be regulated while
the others should.
MR. AMYLON clarified that the aforementioned isn't [Ketchikan
Public Utilities'] position. He specified that the desire is to
treat competing utilities within the Ketchikan political
subdivision equally. In response to Representative Berkowitz,
Mr. Amylon related his belief that Alaska Power & Telephone did
make comments on this legislation, although they aren't directly
competing with Ketchikan Public Utilities at the present time.
TAPE 02-15, SIDE B
CHAIR KOTT, determining no one else wished to testify, closed
the public testimony.
Number 2385
REPRESENTATIVE PORTER moved to report CSSB 324(L&C) out of
committee with individual recommendations and the accompanying
zero fiscal note. There being no objection, CSSB 324(L&C) was
reported from the House Rules Standing Committee.
The committee took a brief at-ease at 10:05 a.m.
ADJOURNMENT
The meeting was [recessed to the call of the chair] at 10:05
a.m. [This meeting didn't reconvene.]
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