Legislature(2001 - 2002)
03/09/2001 01:20 PM House RLS
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
March 9, 2001
1:20 p.m.
MEMBERS PRESENT
Representative Pete Kott, Chair
Representative Brian Porter
Representative Vic Kohring
Representative Ethan Berkowitz
Representative Reggie Joule
MEMBERS ABSENT
Representative Carl Morgan
Representative Lesil McGuire
COMMITTEE CALENDAR
HOUSE BILL NO. 127
"An Act relating to emergency equipment to be carried on
aircraft."
- MOVED CSHB 127(RLS) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 84(FIN)
"An Act exempting certain joint action agencies from regulation
by the state or municipalities; relating to the relationship
between certain joint action agencies and the public utilities
that form the joint action agencies; relating to powers and
immunities of certain joint action agencies; requiring filing of
certain joint action agency agreements; relating to the
financial affairs of certain joint action agencies; declaring
certain joint action agencies to be political subdivisions for
certain purposes; relating to liability and indemnification of
officers, employees, and agents of certain joint action
agencies; and defining 'agency agreement' and 'parties to the
agency agreement' as used with reference to certain joint action
agencies."
- MOVED CSSB 84(FIN) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HB 127
SHORT TITLE:AIRCRAFT EMERGENCY EQUIPMENT
SPONSOR(S): REPRESENTATIVE(S)HARRIS
Jrn-Date Jrn-Page Action
02/14/01 0317 (H) READ THE FIRST TIME -
REFERRALS
02/14/01 0317 (H) TRA
02/22/01 (H) TRA AT 1:00 PM CAPITOL 17
02/22/01 (H) Moved CSHB 127(TRA) Out of
Committee
02/22/01 (H) MINUTE(TRA)
02/23/01 0423 (H) COSPONSOR(S): MORGAN
02/26/01 0434 (H) TRA RPT CS(TRA) 6DP
02/26/01 0435 (H) DP: KAPSNER, OGAN, SCALZI,
WILSON,
02/26/01 0435 (H) KOOKESH, MASEK
02/26/01 0435 (H) FN1: ZERO(DOT)
02/26/01 0435 (H) REFERRED TO RULES
03/09/01 (H) RLS AT 1:15 PM BUTROVICH 205
BILL: SB 84
SHORT TITLE:PUBLIC UTILITY JOINT ACTION AGENCIES
SPONSOR(S): SENATOR(S) TAYLOR
Jrn-Date Jrn-Page Action
02/12/01 0343 (S) READ THE FIRST TIME -
REFERRALS
02/12/01 0343 (S) JUD, FIN
02/15/01 0391 (S) COSPONSOR(S): LINCOLN
02/21/01 (S) JUD AT 1:30 PM BELTZ 211
02/21/01 (S) Moved CS(JUD) Out of
Committee
MINUTE(JUD)
02/22/01 0468 (S) JUD RPT CS 3DP 1NR NEW TITLE
02/22/01 0468 (S) DP: TAYLOR, THERRIAULT,
COWDERY;
02/22/01 0468 (S) NR: ELLIS
02/22/01 0468 (S) FN1, FN2, FN3: ZERO(CED)
02/23/01 (S) FIN AT 9:00 AM SENATE FINANCE
532
MINUTE(FIN)
02/26/01 (S) FIN AT 9:00 AM SENATE FINANCE
532
02/26/01 (S) Moved CSSB 84(FIN) Out of
Committee
MINUTE(FIN)
02/26/01 0500 (S) FIN RPT CS FORTHCOMING 5DP
4NR
02/26/01 0501 (S) NR: KELLY, DONLEY, GREEN,
WILKEN;
02/26/01 0501 (S) DP: AUSTERMAN, HOFFMAN,
OLSON, WARD,
02/26/01 0501 (S) LEMAN
02/26/01 0501 (S) FN1, FN2, FN3: ZERO(CED)
02/27/01 0519 (S) FIN CS RECEIVED NEW TITLE
02/28/01 (S) RLS AT 10:30 AM FAHRENKAMP
203
02/28/01 0535 (S) RULES TO CALENDAR 2/28/01
02/28/01 0540 (S) READ THE SECOND TIME
02/28/01 0540 (S) FIN CS ADOPTED UNAN CONSENT
02/28/01 0540 (S) ADVANCED TO THIRD READING
UNAN CONSENT
02/28/01 0540 (S) READ THE THIRD TIME CSSB
84(FIN)
02/28/01 0541 (S) PASSED Y18 N- E1 A1
02/28/01 0543 (S) TRANSMITTED TO (H)
02/28/01 0543 (S) VERSION: CSSB 84(FIN)
03/09/01 (H) READ THE FIRST TIME -
REFERRALS
03/09/01 (H) RLS
03/09/01 (H) REFERRED TO RULES
03/09/01 (H) RLS AT 1:15 PM BUTROVICH 205
WITNESS REGISTER
JOHN MANLY, Staff
to Representative Harris
Alaska State Legislature
Capitol Building, Room 513
Juneau, Alaska 99801
POSITION STATEMENT: Testified on behalf of Representative
Harris, the sponsor of HB 127.
SENATOR ROBIN TAYLOR
Alaska State Legislature
Capitol Building, Room 30
Juneau, Alaska 99801
POSITION STATEMENT: Testified as the sponsor of SB 84.
REPRESENTATIVE PEGGY WILSON
Alaska State Legislature
Capitol Building, Room 409
Juneau, Alaska 99801
POSITION STATEMENT: Testified in support of SB 84 as the
sponsor of HB 119, the companion bill.
ACTION NARRATIVE
TAPE 01-2, SIDE A
Number 0001
CHAIR PETE KOTT called the House Rules Standing Committee
meeting to order at 1:20 p.m. Members present at the call to
order were Representatives Kott, Porter, Kohring, Berkowitz, and
Joule.
HB 127-AIRCRAFT EMERGENCY EQUIPMENT
CHAIR KOTT announced that the first order of business would be
HOUSE BILL NO. 127, "An Act relating to emergency equipment to
be carried on aircraft." [Before the committee was CSHB
127(TRA); however, committee packets contained a proposed
committee substitute (CS), Version F.]
JOHN MANLY, Staff to Representative Harris, Alaska State
Legislature, testified on behalf of Representative Harris, the
sponsor of HB 127. Mr. Manly explained that the bill seeks to
address the requirement for a private pilot to carry a firearm
as part of the emergency equipment. This requirement has been
in place since 1949. However, Canada recently changed its law
such that it prohibits pistols; it is a cumbersome process to
try to get a firearm into Canada. Therefore, it is an awkward
situation in which it is illegal to take off in Alaska without a
firearm but it is illegal to land in Canada with a firearm.
This legislation would provide an exemption for those taking off
and flying to Canada under a Federal Aviation Administration
(FAA) flight plan that has been activated.
MR. MANLY specified that this committee is being asked to
slightly broaden the title to include the language, "aviation
and". Therefore, the title would read as follows: "An Act
relating to aviation and emergency equipment to be carried on
aircraft." This is to allow the Senate to [revamp some of the
old statute in Title 2 beyond just the emergency equipment
language].
CHAIR KOTT noted that committee members have been provided with
the proposed CS, Version F, that includes the aforementioned
change to the title.
Number 0237
REPRESENTATIVE BERKOWITZ inquired as to why the House does not
fix the problems in Title 2.
MR. MANLY informed the committee that Senator Halford is working
on a major rewrite of Title 2 and thus "we thought we'd
accommodate him."
REPRESENTATIVE BERKOWITZ referred to subparagraph (G) that has
changed the requirement from two small boxes of matches to fire
starter. He noted that there is no requirement for a signal
mirror, which he thought of as standard survival equipment.
MR. MANLY indicated that requiring a signal mirror would
probably "make sense." With regard to the language change in
subparagraph (G), he explained that Representative Ogan had
thought that [reference to] more modern fire starter equipment
of all sorts would be more appropriate. He informed the
committee that several other archaic portions of this [statute]
were considered. For example, Representative Harris thought the
small gill net requirement should be replaced with a requirement
for "fishing tackle" because one can't even find a small gill
net.
REPRESENTATIVE BERKOWITZ remarked that he could recommend what
to carry based on his experience. However, he surmised that
there are experts in survival of emergency situations and thus
he hoped that the statute would reflect their expertise rather
"our" camping experiences. Representative Berkowitz said, "I
just hope that if we do decide to send this over, with an open
title, to the other side that ... those concerns are
accommodated."
MR. MANLY reiterated that Senator Halford is doing a major
rewrite of Title 2. Therefore, he suspected that this section
[that HB 127 addresses] will receive some attention as well.
CHAIR KOTT noted his belief that Senator Olson is working with
Senator Halford on the Title 2 rewrite.
MR. MANLY interjected that Senator Olson had contemplated
introducing a companion bill to HB 127.
Number 0437
CHAIR KOTT asked if any consideration had been given to
including [a requirement to] carry a compass.
MR. MANLY said that didn't come up in any of the committee
meetings. He explained that the main concern was to accommodate
this problem with Canada.
Number 0480
REPRESENTATIVE PORTER moved to adopt CSHB 127, Version F, as the
working document before the committee. There being no
objection, Version F was before the committee.
Number 0498
REPRESENTATIVE PORTER moved to report CSHB 127 out of committee
with individual recommendations [and the accompanying zero
fiscal note]. There being no objection, CSHB 127(RLS) was
reported from the House Rules Standing Committee.
SB 84 - PUBLIC UTILITY JOINT ACTION AGENCIES
[Contains discussion of HB 119, the companion bill.]
CHAIR KOTT announced the final item of business, CS FOR SENATE
BILL NO. 84(FIN), "An Act exempting certain joint action
agencies from regulation by the state or municipalities;
relating to the relationship between certain joint action
agencies and the public utilities that form the joint action
agencies; relating to powers and immunities of certain joint
action agencies; requiring filing of certain joint action agency
agreements; relating to the financial affairs of certain joint
action agencies; declaring certain joint action agencies to be
political subdivisions for certain purposes; relating to
liability and indemnification of officers, employees, and agents
of certain joint action agencies; and defining 'agency
agreement' and 'parties to the agency agreement' as used with
reference to certain joint action agencies."
CHAIR KOTT invited Senator Taylor and Representative Wilson to
the witness table. He noted that the companion bill [HB 119,
sponsored by Representative Wilson] was heard in two House
committees [the House Labor and Commerce Standing Committee and
the House Judiciary Standing Committee].
Number 0584
SENATOR ROBIN TAYLOR, Alaska State Legislature, sponsor of SB
84, thanked the committee for hearing the bill expeditiously.
He reminded members that the previous year, legislation provided
for the future endowment of the power cost equalization (PCE)
program. It also provided for the transfer of assets from the
State of Alaska to what is now called a joint action agency
(JAA), to operate the Four Dam Pool assets; the hope was that
sometime in the future - after the debt to the state for
purchase of those assets was paid off - those assets would be
transferred to the communities receiving the electrical
generation. It isn't known how that transition may occur, or
when.
SENATOR TAYLOR explained that because of the hurried passage of
that legislation, not all details were addressed. During the
interim, the "power management committee," AIDEA [Alaska
Industrial Development and Export Authority], the governor's
office, and the affected communities began working diligently on
how to transfer these assets. Many questions arose, including
whether rights-of-way were needed for power lines, who owns the
land under those, and what the liability would be of individual
council members and communities. Some of those questions had
not been resolved when the legislation passed.
SENATOR TAYLOR noted that although he and Representative Wilson
had worked with the people involved, neither authored the
legislation; he considers the attorney general's office, AIDEA,
the affected communities, and their attorneys, who brought the
legislation [to the sponsors], to be as much the authors as
anyone.
Number 0802
SENATOR TAYLOR explained the reason for expediting the bill.
Agreements have to be signed by [representatives of] the
communities, after their attorneys look at [the agreements].
Before that, however, the property transactions and liability
aspects must be addressed. "Until they sign, the money doesn't
flow that endows PCE," he told members. "And PCE's going to
impact your budget pretty significantly this year." He
indicated everyone is in agreement about the version that passed
the Senate, and emphasized the need to get this done soon.
Number 0873
REPRESENTATIVE PEGGY WILSON, Alaska State Legislature, sponsor
of companion bill HB 119, stated that all sides are happy about
it now, and everything is in place, including legal issues.
REPRESENTATIVE BERKOWITZ asked whether the changes made in the
House version are incorporated into the Senate version.
REPRESENTATIVE WILSON answered affirmatively.
REPRESENTATIVE BERKOWITZ asked whether they are identical
documents but with different titles.
SENATOR TAYLOR replied, "The one that came out of [the House
Judiciary Standing Committee] on your side." He commented that
this has been a 15-year struggle, then said, "We're going to pay
$70-plus million dollars to get these assets conveyed to
communities. I think it's a good deal for the communities. I
think it's a good deal for the state."
Number 0936
REPRESENTATIVE KOHRING remarked that he has struggled with the
concept of setting up an endowment for PCE, and has never been
totally convinced that it needs to be subsidized. However, this
at least takes it out of the "general fund picture." He thanked
the sponsors for their efforts, and said he hopes it works well
for communities.
SENATOR TAYLOR explained that in the long run, if [the state]
doesn't endow PCE and give some incentives, which this will
provide, it will still be subsidizing and endowing 25 or 30
years from now. He concluded:
I really believe this is the greatest opportunity we
have, as a state, to develop the interties that we
need. We've got federal funding now available, for
$420 million in interties in Southeast alone. Some of
those will go to communities like Craig, Kake, and ...
Angoon, that are some of the biggest users of PCE
power right now. The minute we get an intertie to
them, they're no longer on that system, and they're at
a much reduced rate.
And the same thing needs to happen up North, every
place we can either extend an intertie or get a gas
well going or a coal-fired generator going - those are
the things that we need to do. But without this
money, I don't think that would occur. ... I think in
the long run it really works to the benefit of all of
us.
Number 1016
REPRESENTATIVE KOHRING made a motion to move CSSB 84(FIN) from
committee with individual recommendations and attached fiscal
note(s). There being no objection, CSSB 84(FIN) was moved from
the House Rules Standing Committee.
ADJOURNMENT
Number 1042
There being no further business before the committee, the House
Rules Standing Committee meeting was adjourned at 1:40 p.m.
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